I 

109TH CONGRESS 

1ST SESSION H. R. 2870 

To amend the Fair Labor Standards Act of 1938 to reform the provisions 

relating to child labor, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2005 

Mr. LANTOS (for himself, Mr. OWENS, Mr. OBERSTAR, Mr. GUTIERREZ, Mr. 

GEORGE MILLER of California, Mr. PAYNE, Mr. SANDERS, Mr. 

GRIJALVA, Mr. MCGOVERN, Ms. WOOLSEY, Mrs. CHRISTENSEN, Mr. 

STARK, Mrs. MALONEY, Mr. FILNER, Ms. SOLIS, Ms. SCHAKOWSKY, Mr. 

TIERNEY, Mr. KUCINICH, Mr. BROWN of Ohio, Ms. ROYBAL-ALLARD, 

Mr. DAVIS of Illinois, Mr. FRANK of Massachusetts, Ms. DELAURO, Mr. 

DINGELL, Ms. VELA ́ZQUEZ, and Mr. MCDERMOTT) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To amend the Fair Labor Standards Act of 1938 to reform 

the provisions relating to child labor, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Youth Worker Protec5 tion Act’’. 
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1 TITLE I—AMENDMENTS TO FAIR 

2 LABOR STANDARDS ACT OF 1938 

3 SEC. 101. AMENDMENTS TO FAIR LABOR STANDARDS ACT 

4 OF 1938 TO ADD A TITLE RELATING TO EM5 PLOYMENT OF MINORS. 

6 (a) NEW TITLE.—The Fair Labor Standards Act of 

7 1938 (29 U.S.C. 201 et seq.) is amended by adding at 

8 the end the following new title: 

9 ‘‘TITLE II—EMPLOYMENT OF 

10 MINORS 

11 ‘‘SEC. 201. REQUIREMENTS FOR EMPLOYMENT OF MINORS. 

12 ‘‘An employer may employ a minor only if the fol13 lowing requirements are met: 

14 ‘‘(1) The minor is at least 14 years old or, if 

15 younger than 14 years old, is otherwise permitted to 

16 work under this Act. 

17 ‘‘(2) The minor is employed in accordance with 

18 this Act and in accordance with any other Federal, 

19 State, or local law that provides greater protection 

20 to minors. 

21 ‘‘(3) The minor has a work permit under sec22 tion 203. 

23 ‘‘(4) In the case of a minor who is between the 

24 ages of 16 and 18 years, the employment is not in 

25 an occupation that is particularly hazardous for the 
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1 employment of children between those ages or detri2 mental to their health or well-being, within the 

3 meaning of section 3(l)(2). 

4 ‘‘SEC. 202. FEDERAL AND STATE RESPONSIBILITIES. 

5 ‘‘(a) FEDERAL RESPONSIBILITIES.—The Secretary 

6 shall carry out Federal responsibilities under this title. 

7 ‘‘(b) DESIGNATED STATE AGENCY.—Each State 

8 shall designate a State agency to be the issuing authority 

9 for work permits under this title and to carry out other 

10 State responsibilities under this title. 

11 ‘‘SEC. 203. WORK PERMIT. 

12 ‘‘(a) MODEL FORM AND APPLICATION.—The Sec13 retary shall prescribe a unified model form that contains 

14 both the work permit required by section 201 and the ap15 plication for the permit. 

16 ‘‘(b) CONTENTS.—The model form shall provide for 

17 the following information: 

18 ‘‘(1) Name, date of birth, gender, racial or eth19 nic background, and contact information of the 

20 minor. 

21 ‘‘(2) Name, contact information, and consent of 

22 a parent of the minor. 

23 ‘‘(3) In the case of a school-age minor, a certifi24 cation by a school official that the official has in25 formed the minor of school attendance requirements 
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1 and has given the minor a written summary of those 

2 requirements. 

3 ‘‘(4) Name, contact information, and type of 

4 business of the employer. 

5 ‘‘(5) Type of work. 

6 ‘‘(6) Summary of age limitations and other 

7 legal requirements for employment of minors. 

8 ‘‘(7) Name and contact information of the des9 ignated State agency. 

10 ‘‘(c) STATE MODIFICATION.—The designated State 

11 agency, in consultation with the Secretary, may modify the 

12 model form to improve clarity or information content, or 

13 to improve the implementation of this title in conjunction 

14 with related provisions of State law. 

15 ‘‘(d) DURATION OF PERMIT.—A work permit issued 

16 under this section shall expire on the earliest of— 

17 ‘‘(1) the expiration date specified in the permit; 

18 ‘‘(2) 1 year after the date of issuance of the 

19 permit; 

20 ‘‘(3) the end of the employment for which the 

21 permit is issued; or 

22 ‘‘(4) a change in school districts by the minor. 

23 ‘‘(e) SCHOOL CERTIFICATION FOR WORK PERMIT

24 ISSUED WHILE SCHOOL NOT IN SESSION.—A work permit 

25 that is issued when school is not in session shall be subject 
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1 to certification under subsection (b)(3) not later than 30 

2 days after school resumes. If the minor does not obtain 

3 certification during that period, the permit shall be sus4 pended until the certification is obtained. As used in this 

5 subsection, the term ‘in session’ has the meaning given 

6 that term under the law applicable to the school district 

7 in which the minor involved lives. 

8 ‘‘(f) REVOCATION OF WORK PERMIT AND APPEAL.— 

9 ‘‘(1) REVOCATION.—The designated State 

10 agency may, after notice and an opportunity to re11 spond, revoke a work permit, if the agency finds ei12 ther of the following: 

13 ‘‘(A) The minor is not in compliance with 

14 school attendance requirements. 

15 ‘‘(B) The minor is adversely affected by 

16 the employment involved. 

17 ‘‘(2) APPEAL.—A minor (or the parent of a 

18 minor) or an employer may appeal a decision under 

19 paragraph (1), in accordance with applicable law. 

20 ‘‘SEC. 204. WORKING-HOUR RESTRICTIONS FOR MINORS. 

21 ‘‘(a) SCHOOL-AGE MINORS.—An employer may not 

22 permit a school-age minor to work during school hours. 

23 ‘‘(b) MINORS 16 OR 17 YEARS OF AGE.—An em24 ployer may not permit a minor who is 16 or 17 years of 

25 age— 
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1 ‘‘(1) to work before 7 a.m. on any day; 

2 ‘‘(2) to work later than 10 p.m. on a day before 

3 a school day or later than 11 p.m. on any other day; 

4 ‘‘(3) to work more than 4 hours on a school day 

5 or more than 8 hours on any other day; 

6 ‘‘(4) to work more than 20 hours during a week 

7 in which school is in session or more than 40 hours 

8 during any other week; or 

9 ‘‘(5) to work on more than 6 consecutive days. 

10 ‘‘(c) MINORS 14 OR 15 YEARS OF AGE.—An em11 ployer may not permit a minor who is 14 or 15 years of 

12 age— 

13 ‘‘(1) to work before 7 a.m. on any day; 

14 ‘‘(2) to work later than 7 p.m. on any day, ex15 cept that during summer vacation periods (or during 

16 corresponding vacation periods for year-round 

17 schools) the latest hour for work under this para18 graph shall be 9 p.m.; 

19 ‘‘(3) to work more than 3 hours on a school day 

20 or more than 6 hours on any other day; 

21 ‘‘(4) to work more than 15 hours during a week 

22 in which school is in session or more than 30 hours 

23 during any other week; or 

24 ‘‘(5) to work on more than 5 consecutive days. 
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1 ‘‘(d) DEFINITIONS.—As used in this section, the 

2 terms ‘school hours’, ‘school day’, and ‘in session’, respec3 tively, have the meanings given those terms under the law 

4 applicable to the school district in which the minor in5 volved lives. 

6 ‘‘SEC. 205. NOTIFICATION OF SERIOUS WORK-RELATED IN7 JURIES. 

8 ‘‘(a) IN GENERAL.—If a minor sustains a serious 

9 work-related injury, each person specified in subsection 

10 (b) shall so notify the designated State agency, which shall 

11 inform each parent of the minor of the injury. 

12 ‘‘(b) PERSONS SPECIFIED.—The persons referred to 

13 in subsection (a) are: 

14 ‘‘(1) The employer of the minor. 

15 ‘‘(2) If medical attention is given to the minor, 

16 an appropriate medical professional who is respon17 sible for that medical attention. 

18 ‘‘(3) If the injury is the subject of investigation 

19 by a law enforcement agency, an appropriate em20 ployee of that agency. 

21 ‘‘(4) If the minor attends school and is absent 

22 for more than 3 days because of the injury, an ap23 propriate employee of the school. 
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1 ‘‘(c) DEFINITION.—As used in this section, the term 

2 ‘serious work-related injury’ means, with respect to a 

3 minor, a work-related injury that results in— 

4 ‘‘(1) the death of the minor; 

5 ‘‘(2) medical attention for the minor; or 

6 ‘‘(3) investigation by a law enforcement agency. 

7 ‘‘SEC. 206. DATA COMPILATION, RETENTION, AND REPORT8 ING BY DESIGNATED STATE AGENCY. 

9 ‘‘(a) DATA COMPILATION AND RETENTION.—The 

10 designated State agency shall compile, on a continuing 

11 basis, and retain, for not less than 7 years, the following: 

12 ‘‘(1) Statistical data derived from the work per13 mits under section 203. 

14 ‘‘(2) Statistical data relating to injuries for 

15 which notification is required under section 205. 

16 ‘‘(b) ANNUAL REPORTS.—The designated State 

17 agency shall report annually to the Secretary of Labor, 

18 at such time and in such manner as the Secretary may 

19 require— 

20 ‘‘(1) statistical data referred to in subsection 

21 (a); and 

22 ‘‘(2) information relating to the activities and 

23 number of work-hours devoted by State and local 

24 government employees (including contractors) to the 
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1 administration and enforcement of child labor laws 

2 in the State. 

3 ‘‘SEC. 207. PROHIBITION OF YOUTH PEDDLING. 

4 ‘‘No employer may employ a minor in youth peddling. 

5 ‘‘SEC. 208. ENFORCEMENT. 

6 ‘‘(a) CIVIL ACTION FOR BODILY INJURY, ILLNESS, 

7 OR DEATH.— 

8 ‘‘(1) IN GENERAL.—A minor who suffers bodily 

9 injury, illness, or death as a result of a violation of 

10 this title may bring a civil action against the viola11 tor. The civil action may be brought in an appro12 priate Federal court (without regard to the amount 

13 in controversy) or in an appropriate State court. 

14 ‘‘(2) RELIEF.—In a civil action under this sub15 section, the court— 

16 ‘‘(A) may grant appropriate legal or equi17 table relief; and 

18 ‘‘(B) shall order the defendant to pay to a 

19 prevailing plaintiff appropriate amounts for at20 torney fees and costs. 

21 ‘‘(3) RELATION TO STATE WORKERS’ COM22 PENSATION.—In awarding relief under this sub23 section, the court may take into consideration any 

24 payment for the bodily injury, illness, or death under 

25 State workers’ compensation law. If so provided by 
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1 State law, any amount awarded under this sub2 section may be offset against State workers’ com3 pensation payments for the bodily injury, illness, or 

4 death. 

5 ‘‘(b) PUBLIC DISCLOSURE OF VIOLATIONS.—In the 

6 case of any final determination that a violation of this title 

7 has occurred, the Secretary shall, not later than 30 days 

8 after the date of the determination, publish in the Federal 

9 Register and on the web page of the Department of Labor 

10 the following: 

11 ‘‘(1) The name of the violator, including any 

12 business name and any other name by which the vio13 lator is known publicly. 

14 ‘‘(2) The address of the location at which the 

15 violation occurred. 

16 ‘‘(3) A description of the facts underlying the 

17 violation. 

18 ‘‘(4) A statement of the penalty imposed. 

19 ‘‘(c) CIVIL PENALTIES.—Any person who violates 

20 this title, or any regulation under this title, shall be sub21 ject to a civil penalty of not less than $500 and not more 

22 than $15,000 for each employee who is the subject of the 

23 violation, except that— 
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1 ‘‘(1) in the case of a violation that results in se2 rious injury or death, the civil penalty shall be not 

3 less than $15,000 and not more than $50,000; and 

4 ‘‘(2) in the case of a willful or repeat violation, 

5 the civil penalty shall be not less than $15,000 and 

6 not more than $100,000. 

7 ‘‘(d) CRIMINAL PENALTIES.—Whoever violates this 

8 title shall be imprisoned not more than 3 years or fined 

9 under title 18, United States Code, or both, except that 

10 in the case of a second or subsequent offence, the penalty 

11 shall be imprisonment of not less than 3 years and not 

12 more than 5 years and a fine under title 18, United States 

13 Code, or both. 

14 ‘‘SEC. 209. DEFINITIONS. 

15 ‘‘As used in this title: 

16 ‘‘(1) The term ‘designated State agency’ means 

17 an agency designated under section 202(b). 

18 ‘‘(2) The term ‘minor’ means an individual who 

19 is under the age of 18 years. 

20 ‘‘(3) The term ‘parent’ includes, with respect to 

21 a minor, a legal guardian and any person standing 

22 in loco parentis. 

23 ‘‘(4) The term ‘school-age minor’ means a 

24 minor who, as determined under the law applicable 

25 to the school district in which the minor lives, has 
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1 not earned a high school diploma or other document 

2 of equivalent or greater status.’’. 

3 (b) CLERICAL AMENDMENT.—The Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended 

5 by inserting before section 2 the following new title head6 ing: 

7 ‘‘TITLE I—FAIR LABOR 

8 STANDARDS’’. 

9 SEC. 102. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 

10 1938 TO PROVIDE MINIMUM AGE PARITY FOR 

11 CHILD LABOR IN AGRICULTURAL AND NON12 AGRICULTURAL EMPLOYMENT. 

13 Section 13(c) of the Fair Labor Standards Act of 

14 1938 (29 U.S.C. 213(c)) is amended— 

15 (1) in paragraph (1)(A)— 

16 (A) by striking ‘‘twelve years of age and 

17 (i)’’ and inserting ‘‘fourteen years of age and’’; 

18 and 

19 (B) by striking ‘‘(ii) ’’ and all that follows 

20 through ‘‘section 6(a)(5),’’; 

21 (2) by striking subparagraph (B); and 

22 (3) by redesignating subparagraph (C) as sub23 paragraph (B). 
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1 SEC. 103. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 

2 1938 TO IMPOSE A UNIFORM MINIMUM AGE 

3 FOR EMPLOYMENT IN ALL HAZARDOUS OC4 CUPATIONS. 

5 Section 13(c) of the Fair Labor Standards Act of 

6 1938 (29 U.S.C. 213(c)) is amended— 

7 (1) by striking paragraph (2); and 

8 (2) in the matter before subparagraph (A) of 

9 paragraph (1), by striking ‘‘(2) or’’. 

10 SEC. 104. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 

11 1938 TO ELIMINATE SECRETARIAL WAIVER 

12 AUTHORITY FOR CERTAIN HAND HARVEST 

13 LABOR BY CHILDREN. 

14 Section 13(c) of the Fair Labor Standards Act of 

15 1938 (29 U.S.C. 213(c)) is amended by striking para16 graph (4). 

17 SEC. 105. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 

18 1938 TO ELIMINATE A CHILD LABOR EXCEP19 TION FOR SCRAP PAPER BALERS AND PAPER 

20 BOX COMPACTORS. 

21 The Fair Labor Standards Act of 1938 (29 U.S.C. 

22 201 et seq.) is amended— 

23 (1) by striking paragraph (5) of section 13(c) 

24 (29 U.S.C. 213(c)(5)); and 
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1 (2) in the first sentence of section 16(e) (29 

2 U.S.C. 216(e)), by striking ‘‘or section 13(c)(5)’’ 

3 each place it appears. 

4 SEC. 106. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 

5 1938 TO INCLUDE YOUTH PEDDLING. 

6 (a) FINDING.—The second sentence of section 2(a) 

7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

8 202(a)) is amended by striking ‘‘affects’’ and inserting the 

9 following: ‘‘and the employment of persons under the age 

10 of 18 years in youth peddling affect’’. 

11 (b) DEFINITIONS.—Section 3 of the Fair Labor 

12 Standards Act of 1938 (29 U.S.C. 203) is amended by 

13 adding at the end the following new subsections: 

14 ‘‘(z) ‘Youth peddling’ means sale of goods or services 

15 by a minor in a public place (including any street corner, 

16 roadway median, sports facility, performing arts facility, 

17 or public transportation station), at the residence of the 

18 customer, at the place of business of the customer, or from 

19 a vehicle, except that such term does not include— 

20 ‘‘(1) newspaper delivery to a customer at the 

21 residence of the customer or at the place of business 

22 of the customer; 

23 ‘‘(2) sale of goods or services at a fixed retail 

24 location; or 
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1 ‘‘(3) sale of goods or services on behalf of an 

2 organization that is described in section 501(c) of 

3 the Internal Revenue Code of 1986 and is exempt 

4 from taxation under section 501(a) of such Code, if 

5 the minor is a volunteer and does not receive com6 pensation for the sale. 

7 ‘‘(aa) ‘Minor’ means an individual who is under the 

8 age of 18 years.’’. 

9 TITLE II—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 201. HAZARDOUS OCCUPATIONS RULE BASED ON 

12 NIOSH REPORT. 

13 (a) IN GENERAL.—Not later than 24 months after 

14 the date of the enactment of this section, the Secretary 

15 of Labor shall promulgate a rule, under section 553 of 

16 title 5, United States Code, to carry out this section. 

17 (b) SCOPE OF RULE.—The rule referred to in sub18 section (a) shall provide that, in the application and en19 forcement of the child labor provisions of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 201 et seq.), any occu21 pation specified in subsection (c) is particularly hazardous 

22 for the employment of children between the ages of 16 

23 and 18 years or detrimental to their health or well-being, 

24 within the meaning of section 3(l)(2) of that Act (29 

25 U.S.C. 203(l)(2)). 
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1 (c) OCCUPATIONS SPECIFIED.—The occupations re2 ferred to in subsection (b) are— 

3 (1) the occupations that are the subjects of rec4 ommendations pertaining to current hazardous or5 ders, as stated in part IV of the report entitled ‘‘Na6 tional Institute for Occupational Safety and Health 

7 (NIOSH) Recommendations to the U.S. Department 

8 of Labor for Changes to Hazardous Orders’’, dated 

9 May 3, 2002; and 

10 (2) the occupations that are the subjects of rec11 ommendations for new hazardous orders, as stated 

12 in part V of that report. 

13 (d) RULE CONSISTENCY WITH NIOSH REC14 OMMENDATIONS.—With respect to each occupation, the 

15 rule shall impose requirements that are consistent with the 

16 parts IV and V recommendations in the NIOSH report, 

17 except that— 

18 (1) in the case of the part IV recommendation 

19 HO 10 for Non-Agricultural Occupations, the rule 

20 may not provide for employment of children between 

21 the ages of 16 and 18 years in the operation of 

22 power-driven meat and food slicers in the wholesale, 

23 retail, or services industry; 

24 (2) the rule may not allow for the operation of 

25 counter-top models of power-driven bakery machines, 
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1 as proposed in the part IV recommendation HO 11 

2 for Non-Agricultural Occupations; and 

3 (3) in the case of the part IV recommendation 

4 HO 1 for Agricultural Occupations, the rule may not 

5 provide for employment of children between the ages 

6 of 14 and 15 years as tractor operators. 

7 SEC. 202. PERIODIC REVIEW OF RESTRICTED OCCUPATION 

8 AND HAZARDOUS OCCUPATION ORDERS. 

9 (a) IN GENERAL.—At appropriate intervals, but in 

10 no case less than once during each five-year period, the 

11 Secretary of Labor shall conduct a comprehensive review 

12 of Restricted Occupation Orders and Hazardous Occupa13 tion Orders to assure that such Orders are current and 

14 effective in light of changes in science and technology, 

15 data on occupational injuries, and other relevant factors. 

16 (b) RULES.—At the end of each review referred to 

17 in subsection (a), the Secretary shall promulgate rules, 

18 under section 553 of title 5, United States Code, to effect 

19 necessary changes in Restricted Occupation Orders and 

20 Hazardous Occupation Orders. 

21 (c) TIMING.—The first five-year period referred to in 

22 subsection (a) is the five-year period beginning with the 

23 year in which this section is enacted. 
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1 SEC. 203. RULE TO PROHIBIT EMPLOYMENT OF MINORS IN 

2 CERTAIN ACTIVITIES. 

3 (a) IN GENERAL.—Not later than 24 months after 

4 the date of the enactment of this section, the Secretary 

5 of Labor shall promulgate a rule, under section 553 of 

6 title 5, United States Code, to prohibit employment of mi7 nors in the following activities: 

8 (1) Seafood processing. 

9 (2) Employment requiring a minor to handle or 

10 dispose of oil or other liquids from fryers. 

11 (b) DEFINITION.—As used in this section, the term 

12 ‘‘minor’’ means an individual who is under the age of 18 

13 years. 

14 SEC. 204. REVIEW OF HEALTH AND SAFETY DATA; RULES. 

15 (a) REVIEW.—Not later than 36 months after the 

16 date of the enactment of this section, the Secretary of 

17 Labor shall complete a review of health and safety data 

18 on the employment of minors in the following activities: 

19 (1) Repetitive bending, stooping, twisting, and 

20 squatting. 

21 (2) Lifting of heavy objects and unwieldy ob22 jects. 

23 (3) Working alone or late at night in retail es24 tablishments where there is direct contact with the 

25 public and cash is handled. 
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1 (4) Work in the entertainment industry that is 

2 detrimental to the health, safety, education, or well3 being of minors. 

4 (b) RULES.—Upon completion of the review under 

5 subsection (a), the Secretary shall submit to the Congress 

6 a report of the review, together with appropriate rules 

7 under section 553 of title 5, United States Code. The ef8 fective date of the rules shall be not earlier than 12 

9 months after the date on which congressional review be10 gins under section 801 of title 5, United States Code. 

11 (c) DEFINITION.—As used in this section, the term 

12 ‘‘minor’’ means means an individual who is under the age 

13 of 18 years. 

14 TITLE III—EFFECTIVE DATES 

15 SEC. 301. EFFECTIVE DATE. 

16 The provisions of this Act shall take effect on the 

17 date of the enactment of this Act, except that section 101 

18 of this Act shall take effect on the first day of the 12th 

19 month after the month in which this Act is enacted. 

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