I 
108TH CONGRESS 
1ST SESSION H. R. 3139
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 
SEPTEMBER 23, 2003
Mr. LANTOS (for himself, Mr. SANDERS, Ms. NORTON, Mr. FRANK of Massa-
chusetts, Mr. DELAHUNT, Mr. BRADY of Pennsylvania, Mr. GRIJALVA, 
Ms. WOOLSEY, Mr. HINCHEY, Mr. OLVER, Ms. KAPTUR, Mr. OWENS, 
Mr. MCNULTY, Mr. PAYNE, Mr. FALEOMAVAEGA, Mr. CLAY, Ms. ROY-
BAL-ALLARD, Mr. MCGOVERN, Mrs. MALONEY, Mr. TIERNEY, Ms. 
DELAURO, Mr. MATSUI, Mr. GUTIERREZ, Ms. SCHAKOWSKY, Mr. OBER-
STAR, Mr. FROST, Mr. RUSH, Ms. CORRINE BROWN of Florida, Mr. 
SHERMAN, Mr. NEAL of Massachusetts, Mr. BERMAN, and Ms. WATERS) 
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Youth Worker Protec-
tion Act’’.
TITLE I—AMENDMENTS TO FAIR 
LABOR STANDARDS ACT OF 1938
SEC. 101. AMENDMENTS TO FAIR LABOR STANDARDS ACT 
OF 1938 TO ADD A TITLE RELATING TO EM-
PLOYMENT OF MINORS. 
(a) NEW TITLE.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by adding at 
the end the following new title: 
‘‘TITLE II—EMPLOYMENT OF 
MINORS 
‘‘SEC. 201. REQUIREMENTS FOR EMPLOYMENT OF MINORS. 
‘‘An employer may employ a minor only if the fol-
lowing requirements are met: 
‘‘(1) The minor is at least 14 years old or, if 
younger than 14 years old, is otherwise permitted to 
work under this Act. 
‘‘(2) The minor is employed in accordance with 
this Act and in accordance with any other Federal, 
State, or local law that provides greater protection 
to minors. 
‘‘(3) The minor has a work permit under sec-
tion 203. 
‘‘(4) In the case of a minor who is between the 
ages of 16 and 18 years, the employment is not in 
an occupation that is particularly hazardous for the
employment of children between those ages or detri-
mental to their health or well-being, within the 
meaning of section 3(l)(2). 
‘‘SEC. 202. FEDERAL AND STATE RESPONSIBILITIES. 
‘‘(a) FEDERAL RESPONSIBILITIES.—The Secretary 
shall carry out Federal responsibilities under this title. 
‘‘(b) DESIGNATED STATE AGENCY.—Each State 
shall designate a State agency to be the issuing authority 
for work permits under this title and to carry out other 
State responsibilities under this title. 
‘‘SEC. 203. WORK PERMIT. 
‘‘(a) MODEL FORM AND APPLICATION.—The Sec-
retary shall prescribe a unified model form that contains 
both the work permit required by section 201 and the ap-
plication for the permit. 
‘‘(b) CONTENTS.—The model form shall provide for 
the following information: 
‘‘(1) Name, date of birth, gender, racial or eth-
nic background, and contact information of the 
minor. 
‘‘(2) Name, contact information, and consent of 
a parent of the minor. 
‘‘(3) In the case of a school-age minor, a certifi-
cation by a school official that the official has in-
formed the minor of school attendance requirements
and has given the minor a written summary of those 
requirements. 
‘‘(4) Name, contact information, and type of 
business of the employer. 
‘‘(5) Type of work. 
‘‘(6) Summary of age limitations and other 
legal requirements for employment of minors. 
‘‘(7) Name and contact information of the des-
ignated State agency. 
‘‘(c) STATE MODIFICATION.—The designated State 
agency, in consultation with the Secretary, may modify the 
model form to improve clarity or information content, or 
to improve the implementation of this title in conjunction 
with related provisions of State law. 
‘‘(d) DURATION OF PERMIT.—A work permit issued 
under this section shall expire on the earliest of—
‘‘(1) the expiration date specified in the permit; 
‘‘(2) 1 year after the date of issuance of the 
permit; 
‘‘(3) the end of the employment for which the 
permit is issued; or 
‘‘(4) a change in school districts by the minor. 
‘‘(e) SCHOOL CERTIFICATION FOR WORK PERMIT 
ISSUED WHILE SCHOOL NOT IN SESSION.—A work permit 
that is issued when school is not in session shall be subject
to certification under subsection (b)(3) not later than 30 
days after school resumes. If the minor does not obtain 
certification during that period, the permit shall be sus-
pended until the certification is obtained. As used in this 
subsection, the term ‘in session’ has the meaning given 
that term under the law applicable to the school district 
in which the minor involved lives. 
‘‘(f) REVOCATION OF WORK PERMIT AND APPEAL.—
‘‘(1) 
REVOCATION.—The 
designated 
State 
agency may, after notice and an opportunity to re-
spond, revoke a work permit, if the agency finds ei-
ther of the following: 
‘‘(A) The minor is not in compliance with 
school attendance requirements. 
‘‘(B) The minor is adversely affected by 
the employment involved. 
‘‘(2) APPEAL.—A minor (or the parent of a 
minor) or an employer may appeal a decision under 
paragraph (1), in accordance with applicable law. 
‘‘SEC. 204. WORKING-HOUR RESTRICTIONS FOR MINORS. 
‘‘(a) SCHOOL-AGE MINORS.—An employer may not 
permit a school-age minor to work during school hours. 
‘‘(b) MINORS 16 OR 17 YEARS OF AGE.—An em-
ployer may not permit a minor who is 16 or 17 years of 
age—
‘‘(1) to work before 7 a.m. on any day; 
‘‘(2) to work later than 10 p.m. on a day before 
a school day or later than 11 p.m. on any other day; 
‘‘(3) to work more than 4 hours on a school day 
or more than 8 hours on any other day; 
‘‘(4) to work more than 20 hours during a week 
in which school is in session or more than 40 hours 
during any other week; or 
‘‘(5) to work on more than 6 consecutive days. 
‘‘(c) MINORS 14 OR 15 YEARS OF AGE.—An em-
ployer may not permit a minor who is 14 or 15 years of 
age—
‘‘(1) to work before 7 a.m. on any day; 
‘‘(2) to work later than 7 p.m. on any day, ex-
cept that during summer vacation periods (or during 
corresponding 
vacation 
periods 
for 
year-round 
schools) the latest hour for work under this para-
graph shall be 9 p.m.; 
‘‘(3) to work more than 3 hours on a school day 
or more than 6 hours on any other day; 
‘‘(4) to work more than 15 hours during a week 
in which school is in session or more than 30 hours 
during any other week; or 
‘‘(5) to work on more than 5 consecutive days.
‘‘(d) DEFINITIONS.—As used in this section, the 
terms ‘school hours’, ‘school day’, and ‘in session’, respec-
tively, have the meanings given those terms under the law 
applicable to the school district in which the minor in-
volved lives. 
‘‘SEC. 205. NOTIFICATION OF SERIOUS WORK-RELATED IN-
JURIES. 
‘‘(a) IN GENERAL.—If a minor sustains a serious 
work-related injury, each person specified in subsection 
(b) shall so notify the designated State agency, which shall 
inform each parent of the minor of the injury. 
‘‘(b) PERSONS SPECIFIED.—The persons referred to 
in subsection (a) are: 
‘‘(1) The employer of the minor. 
‘‘(2) If medical attention is given to the minor, 
an appropriate medical professional who is respon-
sible for that medical attention. 
‘‘(3) If the injury is the subject of investigation 
by a law enforcement agency, an appropriate em-
ployee of that agency. 
‘‘(4) If the minor attends school and is absent 
for more than 3 days because of the injury, an ap-
propriate employee of the school.
‘‘(c) DEFINITION.—As used in this section, the term 
‘serious work-related injury’ means, with respect to a 
minor, a work-related injury that results in—
‘‘(1) the death of the minor; 
‘‘(2) medical attention for the minor; or 
‘‘(3) investigation by a law enforcement agency. 
‘‘SEC. 206. DATA COMPILATION, RETENTION, AND REPORT-
ING BY DESIGNATED STATE AGENCY. 
‘‘(a) DATA COMPILATION
AND RETENTION.—The 
designated State agency shall compile, on a continuing 
basis, and retain, for not less than 7 years, the following: 
‘‘(1) Statistical data derived from the work per-
mits under section 203. 
‘‘(2) Statistical data relating to injuries for 
which notification is required under section 205. 
‘‘(b) ANNUAL
REPORTS.—The designated State 
agency shall report annually to the Secretary of Labor, 
at such time and in such manner as the Secretary may 
require—
‘‘(1) statistical data referred to in subsection 
(a); and 
‘‘(2) information relating to the activities and 
number of work-hours devoted by State and local 
government employees (including contractors) to the
administration and enforcement of child labor laws 
in the State. 
‘‘SEC. 207. PROHIBITION OF YOUTH PEDDLING. 
‘‘No employer may employ a minor in youth peddling. 
‘‘SEC. 208. ENFORCEMENT. 
‘‘(a) CIVIL ACTION FOR BODILY INJURY, ILLNESS, 
OR DEATH.—
‘‘(1) IN GENERAL.—A minor who suffers bodily 
injury, illness, or death as a result of a violation of 
this title may bring a civil action against the viola-
tor. The civil action may be brought in an appro-
priate Federal court (without regard to the amount 
in controversy) or in an appropriate State court. 
‘‘(2) RELIEF.—In a civil action under this sub-
section, the court—
‘‘(A) may grant appropriate legal or equi-
table relief; and 
‘‘(B) shall order the defendant to pay to a 
prevailing plaintiff appropriate amounts for at-
torney fees and costs. 
‘‘(3) RELATION
TO
STATE
WORKERS’ COM-
PENSATION.—In awarding relief under this sub-
section, the court may take into consideration any 
payment for the bodily injury, illness, or death under 
State workers’ compensation law. If so provided by
State law, any amount awarded under this sub-
section may be offset against State workers’ com-
pensation payments for the bodily injury, illness, or 
death. 
‘‘(b) PUBLIC DISCLOSURE OF VIOLATIONS.—In the 
case of any final determination that a violation of this title 
has occurred, the Secretary shall, not later than 30 days 
after the date of the determination, publish in the Federal 
Register and on the web page of the Department of Labor 
the following: 
‘‘(1) The name of the violator, including any 
business name and any other name by which the vio-
lator is known publicly. 
‘‘(2) The address of the location at which the 
violation occurred. 
‘‘(3) A description of the facts underlying the 
violation. 
‘‘(4) A statement of the penalty imposed. 
‘‘(c) CIVIL PENALTIES.—Any person who violates 
this title, or any regulation under this title, shall be sub-
ject to a civil penalty of not less than $500 and not more 
than $15,000 for each employee who is the subject of the 
violation, except that—
‘‘(1) in the case of a violation that results in se-
rious injury or death, the civil penalty shall be not 
less than $15,000 and not more than $50,000; and 
‘‘(2) in the case of a willful or repeat violation, 
the civil penalty shall be not less than $15,000 and 
not more than $100,000. 
‘‘(d) CRIMINAL PENALTIES.—Whoever violates this 
title shall be imprisoned not more than 3 years or fined 
under title 18, United States Code, or both, except that 
in the case of a second or subsequent offence, the penalty 
shall be imprisonment of not less than 3 years and not 
more than 5 years and a fine under title 18, United States 
Code, or both. 
‘‘SEC. 209. DEFINITIONS. 
‘‘As used in this title: 
‘‘(1) The term ‘designated State agency’ means 
an agency designated under section 202(b). 
‘‘(2) The term ‘minor’ means an individual who 
is under the age of 18 years. 
‘‘(3) The term ‘parent’ includes, with respect to 
a minor, a legal guardian and any person standing 
in loco parentis. 
‘‘(4) The term ‘school-age minor’ means a 
minor who, as determined under the law applicable 
to the school district in which the minor lives, has
not earned a high school diploma or other document 
of equivalent or greater status. ’’. 
(b) CLERICAL
AMENDMENT.—The Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended 
by inserting before section 2 the following new title head-
ing: 
‘‘TITLE I—FAIR LABOR 
STANDARDS’’. 
SEC. 102. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 
1938 TO PROVIDE MINIMUM AGE PARITY FOR 
CHILD LABOR IN AGRICULTURAL AND NON-
AGRICULTURAL EMPLOYMENT. 
Section 13(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(c)) is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘twelve years of age and 
(i)’’ and inserting ‘‘fourteen years of age and’’; 
and 
(B) by striking ‘‘(ii) ’’ and all that follows 
through ‘‘section 6(a)(5),’’; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as sub-
paragraph (B).
SEC. 103. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 
1938 TO IMPOSE A UNIFORM MINIMUM AGE 
FOR EMPLOYMENT IN ALL HAZARDOUS OC-
CUPATIONS. 
Section 13(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(c)) is amended—
(1) by striking paragraph (2); and 
(2) in the matter before subparagraph (A) of 
paragraph (1), by striking ‘‘(2) or’’. 
SEC. 104. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 
1938 TO ELIMINATE SECRETARIAL WAIVER 
AUTHORITY FOR CERTAIN HAND HARVEST 
LABOR BY CHILDREN. 
Section 13(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(c)) is amended by striking para-
graph (4). 
SEC. 105. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 
1938 TO ELIMINATE A CHILD LABOR EXCEP-
TION FOR SCRAP PAPER BALERS AND PAPER 
BOX COMPACTORS. 
The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended—
(1) by striking paragraph (5) of section 13(c) 
(29 U.S.C. 213(c)(5)); and
(2) in the first sentence of section 16(e) (29 
U.S.C. 216(e)), by striking ‘‘or section 13(c)(5)’’ 
each place it appears. 
SEC. 106. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 
1938 TO INCLUDE YOUTH PEDDLING. 
(a) FINDING.—The second sentence of section 2(a) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
202(a)) is amended by striking ‘‘affects’’ and inserting the 
following: ‘‘and the employment of persons under the age 
of 18 years in youth peddling affect’’. 
(b) DEFINITIONS.—Section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203) is amended by 
adding at the end the following new subsections: 
‘‘(z) ‘Youth peddling’ means sale of goods or services 
by a minor in a public place (including any street corner, 
roadway median, sports facility, performing arts facility, 
or public transportation station), at the residence of the 
customer, at the place of business of the customer, or from 
a vehicle, except that such term does not include—
‘‘(1) newspaper delivery to a customer at the 
residence of the customer or at the place of business 
of the customer; 
‘‘(2) sale of goods or services at a fixed retail 
location; or
‘‘(3) sale of goods or services on behalf of an 
organization that is described in section 501(c) of 
the Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such Code, if 
the minor is a volunteer and does not receive com-
pensation for the sale. 
‘‘(aa) ‘Minor’ means an individual who is under the 
age of 18 years.’’. 
TITLE II—MISCELLANEOUS 
PROVISIONS 
SEC. 201. HAZARDOUS OCCUPATIONS RULE BASED ON 
NIOSH REPORT. 
(a) IN GENERAL.—Not later than 24 months after 
the date of the enactment of this section, the Secretary 
of Labor shall promulgate a rule, under section 553 of 
title 5, United States Code, to carry out this section. 
(b) SCOPE OF RULE.—The rule referred to in sub-
section (a) shall provide that, in the application and en-
forcement of the child labor provisions of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.), any occu-
pation specified in subsection (c) is particularly hazardous 
for the employment of children between the ages of 16 
and 18 years or detrimental to their health or well-being, 
within the meaning of section 3(l)(2) of that Act (29 
U.S.C. 203(l)(2)).
(c) OCCUPATIONS SPECIFIED.—The occupations re-
ferred to in subsection (b) are—
(1) the occupations that are the subjects of rec-
ommendations pertaining to current hazardous or-
ders, as stated in part IV of the report entitled ‘‘Na-
tional Institute for Occupational Safety and Health 
(NIOSH) Recommendations to the U.S. Department 
of Labor for Changes to Hazardous Orders’’, dated 
May 3, 2002; and 
(2) the occupations that are the subjects of rec-
ommendations for new hazardous orders, as stated 
in part V of that report. 
(d) RULE
CONSISTENCY
WITH
NIOSH REC-
OMMENDATIONS.—With respect to each occupation, the 
rule shall impose requirements that are consistent with the 
parts IV and V recommendations in the NIOSH report, 
except that—
(1) in the case of the part IV recommendation 
HO 10 for Non-Agricultural Occupations, the rule 
may not provide for employment of children between 
the ages of 16 and 18 years in the operation of 
power-driven meat and food slicers in the wholesale, 
retail, or services industry; 
(2) the rule may not allow for the operation of 
counter-top models of power-driven bakery machines,
as proposed in the part IV recommendation HO 11 
for Non-Agricultural Occupations; and 
(3) in the case of the part IV recommendation 
HO 1 for Agricultural Occupations, the rule may not 
provide for employment of children between the ages 
of 14 and 15 years as tractor operators. 
SEC. 202. PERIODIC REVIEW OF RESTRICTED OCCUPATION 
AND HAZARDOUS OCCUPATION ORDERS. 
(a) IN GENERAL.—At appropriate intervals, but in 
no case less than once during each five-year period, the 
Secretary of Labor shall conduct a comprehensive review 
of Restricted Occupation Orders and Hazardous Occupa-
tion Orders to assure that such Orders are current and 
effective in light of changes in science and technology, 
data on occupational injuries, and other relevant factors. 
(b) RULES.—At the end of each review referred to 
in subsection (a), the Secretary shall promulgate rules, 
under section 553 of title 5, United States Code, to effect 
necessary changes in Restricted Occupation Orders and 
Hazardous Occupation Orders. 
(c) TIMING.—The first five-year period referred to in 
subsection (a) is the five-year period beginning with the 
year in which this section is enacted.
SEC. 203. RULE TO PROHIBIT EMPLOYMENT OF MINORS IN 
CERTAIN ACTIVITIES. 
(a) IN GENERAL.—Not later than 24 months after 
the date of the enactment of this section, the Secretary 
of Labor shall promulgate a rule, under section 553 of 
title 5, United States Code, to prohibit employment of mi-
nors in the following activities: 
(1) Seafood processing. 
(2) Employment requiring a minor to handle or 
dispose of oil or other liquids from fryers. 
(b) DEFINITION.—As used in this section, the term 
‘‘minor’’ means an individual who is under the age of 18 
years. 
SEC. 204. REVIEW OF HEALTH AND SAFETY DATA; RULES. 
(a) REVIEW.—Not later than 36 months after the 
date of the enactment of this section, the Secretary of 
Labor shall complete a review of health and safety data 
on the employment of minors in the following activities: 
(1) Repetitive bending, stooping, twisting, and 
squatting. 
(2) Lifting of heavy objects and unwieldy ob-
jects. 
(3) Working alone or late at night in retail es-
tablishments where there is direct contact with the 
public and cash is handled.
(4) Work in the entertainment industry that is 
detrimental to the health, safety, education, or well-
being of minors. 
(b) RULES.—Upon completion of the review under 
subsection (a), the Secretary shall submit to the Congress 
a report of the review, together with appropriate rules 
under section 553 of title 5, United States Code. The ef-
fective date of the rules shall be not earlier than 12 
months after the date on which congressional review be-
gins under section 801 of title 5, United States Code. 
(c) DEFINITION.—As used in this section, the term 
‘‘minor’’ means means an individual who is under the age 
of 18 years. 
TITLE III—EFFECTIVE DATES 
SEC. 301. EFFECTIVE DATE. 
The provisions of this Act shall take effect on the 
date of the enactment of this Act, except that section 101 
of this Act shall take effect on the first day of the 12th 
month after the month in which this Act is enacted.
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