I
104TH CONGRESS
1ST SESSION
H. R. 1049
To amend the Fair Labor Standards Act of 1938 to reform the provisions
relating to child labor.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1995
Mr. LANTOS (for himself, Mr. BROWN of California, Mr. SCHUMER, Mrs.
SCHROEDER, Ms. ESHOO, Mr. MILLER of California, Mr. OBERSTAR, Mr.
BERMAN, Mr. FOGLIETTA, Mr. FRANK of Massachusetts, Mr. OLVER,
Ms. VELA´ZQUEZ, Ms. WOOLSEY, Mr. FROST, Mr. JOHNSTON of Florida,
Mr. SABO, Mr. WYNN, Mr. YATES, Mr. ACKERMAN, Mr. FILNER, Mr.
GUTIERREZ, Mr. MANTON, Mr. OWENS, and Mr. VENTO) introduced the
following bill; which was referred to the Committee on Economic and
Educational Opportunities
A BILL
To amend the Fair Labor Standards Act of 1938 to reform
the provisions relating to child labor.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE: REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Young American Workers’ Bill of Rights’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
HR 1049 IH
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Fair Labor Standards Act of 1938.
SEC. 2. REPORTING AND RECORDKEEPING.
(a) CHILD-LABOR LAWS.—Section 12 (29 U.S.C.
212) is amended by adding at the end the following new
subsection:
‘‘(e)(1) The Secretary and the United States Census
Bureau shall compile annually data from respective State
employment security agencies in all the States (A) on the
types of industries and occupations in which children
under the age of 18 are employed, and (B) on cases in
which it was determined that children were employed in
violation of this section.
‘‘(2) If a minor in the course of employment suffers
death or an injury or illness resulting in lost work time
of at least 1 working day, not later than 5 days after the
death, injury, or illness, the employer of the minor shall
provide to the State agency a written description of the
death, injury, or illness.
‘‘(3) The Secretary of Health and Human Services,
in conjunction with the Secretary of Labor, shall issue an
annual report on the status of child labor in the United
States and its attendant safety and health hazards.’’.
HR 1049 IH
SEC. 3. CERTIFICATES OF EMPLOYMENT.
Section 12 (29 U.S.C. 212), as amended by section
2, is further amended by adding at the end the following
new subsection:
‘‘(f)(1) As used in this subsection:
‘‘(A) The term ‘minor’ means an individual who
is under the age of 18 and who has not received a
high school diploma or its equivalent.
‘‘(B) The term ‘parents’ means the biological
parents of a minor or other individual standing in
loco parentis to a minor.
‘‘(2) No employer shall employ a minor unless the
minor possesses a valid certificate of employment issued
in accordance with this subsection.
‘‘(3) The Governor of a State shall designate a State
agency to issue certificates of employment to minors in
the State. The agency shall make available, on request,
a form for the application described in paragraph (4) and
shall make available, as part of the certification process,
materials describing applicable Federal requirements gov-
erning the employment of minors and the minor’s rights
under such requirements.
‘‘(4) To be eligible to receive a certificate of employ-
ment, a minor must submit to the appropriate State agen-
cy an application that contains—
‘‘(A) the name and address of the minor;
HR 1049 IH
‘‘(B) proof of age of the minor;
‘‘(C) if the minor is under the age of 18—
‘‘(i) a written statement by the parents of
the minor that the parents grant consent for
employment of the minor;
‘‘(ii) written verification from the minor’s
school that the minor is meeting at least the
minimum school attendance requirements estab-
lished by the State and that such employment
will not interfere with the schooling of the
minor; and
‘‘(D) the employer’s name, address, signature;
and
‘‘(E) with respect to the employment—
‘‘(i) a statement on the nature of the work
to be performed;
‘‘(ii) the daily and weekly hours, and
‘‘(iii) the times of day in which the work
is to be performed.
‘‘(5) On receipt of an application under paragraph
(4), a State agency shall issue to the minor—
‘‘(A) a certificate of employment, if the require-
ments of paragraph (4) are met; or
HR 1049 IH
‘‘(B) a statement of the denial of a certificate
of employment (including the reasons for the denial),
if the requirements of paragraph (4) are not met.
‘‘(6) A certificate of employment issued to a minor
under this subsection shall be valid for 1 year after the
date of issuance of the certificate or for the duration of
the permitted employment, whichever is shorter.
‘‘(7) A certificate of employment issued to a minor
under this subsection shall indicate—
‘‘(A) the name, address, and date of birth of
the minor;
‘‘(B) a minor will not be employed more than
3 hours per day or more than 15 hours per week
and shall be prohibited from working before 7 a.m.
and after 7 p.m. when school is in session if such
minor is between 14 and 16 years of age and will
not be employed more than 4 hours per school day
or more than 20 hours per week and shall be prohib-
ited from working before 6 a.m. and after 10 p.m.
when school is in session if such minor is between
16 and 18 years of age; and
‘‘(C) the name, address, and telephone number
of the State agency that may be contacted for addi-
tional information concerning applicable Federal re-
quirements governing the employment of minors.
HR 1049 IH
‘‘(8) The State agency shall provide a copy of a cer-
tificate of employment issued to a minor under the age
of 18 to the parent of the minor who granted consent pur-
suant to paragraph (4) and to the local school district
where the minor is enrolled.
‘‘(9) If an employer employs a minor, not later than
14 days after the date of the commencement of employ-
ment of the minor, the employer shall provide to the State
agency written notice of the name and occupation of the
minor and the number of the certificate of employment
issued to the minor.
‘‘(10) Each employer shall post a copy of the provi-
sions of this Act relating to child labor at each premise
of a worksite where one or more minors is employed.
‘‘(11) A State agency shall report annually to the
Secretary concerning certificates of employment issued
under this subsection. The agency shall include such infor-
mation as the Secretary requires (including information
on the number of deaths and injuries of minors reported
pursuant to subsection (f)).’’.
SEC. 4. REVISIONS OF ORDERS AND REGULATIONS.
(a) ORDERS.—
(1) In the administration of the Fair Labor
Standards Act of 1938, the Secretary of Labor shall
make the following revisions in the Secretary’s child
HR 1049 IH
labor orders published in subpart E of part 570 of
title 29, Code of Federal Regulations:
(A) The exemption provided in Order No.
2 (29 C.F.R. 570.52) shall apply to minors who
are at least 17 years of age and to driving that
is secondary and incidental to the minor’s main
occupation. Such exemption would be limited to
20 percent of the minor’s work in any workday
and may not exceed 5 percent of the minor’s
work in any workweek.
(B) Order No. 10 (29 C.F.R. 570.61) shall
apply with respect to restaurants and fast food
establishments. Such order shall prohibit indi-
viduals under the age of 18 from cleaning any
machinery irrespective of who has disassembled
the machinery.
(2) In the administration of the Fair Labor
Standards Act of 1938, the Secretary of Labor shall
find and declare that poultry processing, seafood
processing, paper baling, power driven meat slicing,
and pesticide handling are occupations that are par-
ticularly hazardous for the employment of children
between the ages of 16 and 18 for purposes of sec-
tion 3(l) of the Fair Labor Standards Act of 1938.
HR 1049 IH
(b) CHILD LABOR REGULATIONS.—Under child labor
regulation No. 3 (subpart C of 29 C.F.R. 570 et seq.)—
(1) individuals under 16 shall be prohibited
from making door-to-door sales for profit,
(2) individuals under 16 shall be prohibited
from using fryers, baking equipment, and cooking
equipment in food service establishments, and
(3) strike out in section 570.34(b)(5) ‘‘(except
at soda fountains, lunch counters, snack bars, or
cafeteria serving counters)’’.
SEC. 5. CRIMINAL PENALTIES FOR CHILD LABOR VIOLA-
TIONS.
(a) WILLFUL VIOLATIONS THAT CAUSE INJURY OR
DEATH.—Section 16 (29 U.S.C. 216) is amended by add-
ing at the end the following new subsection:
‘‘(f) Any person who willfully violates the provisions
of section 12, relating to child labor, or any regulation
issued under such section, shall, on conviction be pun-
ished—
‘‘(1) in the case of a willful violation that
causes serious bodily injury to an employee described
in section 3(l) but does not cause death to the em-
ployee, by a fine in accordance with section 3571 of
title 18, United States Code, or by imprisonment for
not more than 5 years, or by both, except that if the
HR 1049 IH
conviction is for a willful violation committed after
a first conviction of the person, the person shall be
punished by a fine in accordance with section 3571
of such title 18 or by imprisonment for not more
than 10 years, or by both; or
‘‘(2) in the case of a willful violation that
causes death to an employee described in section
3(l), by a fine in accordance with section 3571 of
such title 18 or by imprisonment for not more than
10 years, or by both, except that if the conviction is
for a willful violation committed after a first convic-
tion of the person, the person shall be punished by
a fine in accordance with section 3571 of such title
18 or by imprisonment for not more than 20 years,
or by both.’’.
(b) NO PRIOR OFFENSE PREREQUISITE FOR CHILD
LABOR VIOLATION.—The second sentence of section 16(a)
is amended by inserting before the period at the end the
following: ‘‘, except that this sentence shall not apply to
a violation of section 12’’.
SEC. 6. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) (29 U.S.C. 216(e)) is amended—
(1) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), respectively;
HR 1049 IH
(2) by inserting ‘‘(1)’’ after the subsection des-
ignation;
(3) by adding at the end the following new
paragraphs:
‘‘(2) Any person who willfully violates the provisions
of section 12, relating to child labor, or any regulation
issued under such section, on more than one occasion,
shall, on such additional violation, be ineligible—
‘‘(A) for any grant, contract, or loan provided
by an agency of the United States or by appro-
priated funds of the United States, for 5 years after
the date of such additional violation;
‘‘(B) to pay the training wage authorized by
section 6 of the Fair Labor Standards Amendments
of 1989 (29 U.S.C. 206 note); or
‘‘(C) to employ a minor for a period of 5 years
from the date of such violation.’’.
SEC. 7. CIVIL ACTIONS FOR CHILD LABOR VIOLATIONS.
Section 16 (29 U.S.C. 216), as amended by section
5, is amended by adding at the end the following:
‘‘(g) Any employer who violates section 12 shall be
liable for such legal or equitable relief as may be appro-
priate. An action to recover such relief may be brought
against any employer in any Federal or State court of
competent jurisdiction by any employee subject to the pro-
HR 1049 IH
tections of section 12 or by the employee’s survivors. The
court in such an action shall, in addition to any other
judgment awarded to the plaintiff, allow a reasonable at-
torney’s fee to be paid by the defendant and costs of the
action. If the employee or the employee’s survivors obtain
a judgment under this subsection and also seek recovery
for the same violation through State worker’s compensa-
tion, this subsection does not preclude a State from choos-
ing to offset recovery obtained under this subsection
against recovery provided through State worker’s com-
pensation.’’.
SEC. 8. COORDINATION.
(a) IN GENERAL.—The Secretary of Labor shall es-
tablish and encourage closer working relationships among
Federal and State agencies having responsibility for en-
forcing labor, safety and health, and immigration laws.
(b) REFERRALS.—
(1) The Secretary of Labor shall establish a re-
ferral system under which employees engaged in the
enforcement of the Fair Labor Standards Act of
1938 and the Occupational Safety and Health Act
of 1970 shall—
(A) exchange information about suspected
violators of the Acts and monitor the results of
referrals to each other, and
HR 1049 IH
(B) provide basic training to each other’s
staffs concerning the requirements of such Acts.
(2) The Secretary of Labor shall require em-
ployees engaged in the enforcement of the Fair
Labor Standards Act of 1938 and the Occupational
Safety and Health Act of 1970 to establish a
referral system with—
(A) employees of the Immigration and
Naturalization Service engaged in the enforce-
ment of the Immigration and Nationality Act,
and
(B) employees of Departments of Labor of
the States engaged in the enforcement of State
minimum wage and occupational safety and
health laws.
The Immigration and Naturalization Service and the
State Departments of Labor shall each be encour-
aged by the Secretary of Labor to establish informa-
tion exchanges and, to the extent practicable, pro-
vided training to each other’s staffs concerning the
requirements of the Acts enforced by the respective
agencies.
(c) ADVICE FROM PRIVATE AND PUBLIC SECTORS.—
The Secretary shall seek information and advice from rep-
resentative elements of the private sector and the non-
HR 1049 IH
Federal governmental sector with respect to the provisions
of the Fair Labor Standards Act of 1938 and correspond-
ing regulations as they pertain to the employment of
minors.
(d) ADVISORY COMMITTEE.—The Secretary shall es-
tablish an Advisory Committee for Child Labor to provide
overall policy advice on matters referred to in subsection
(c). The Committee shall be composed of not less than
21 individuals, and shall include representatives of govern-
ment, labor, industry, education, agriculture, health pro-
fessions, small business, youth, service industries, retail-
ers, consumer interests, human rights, child welfare, and
the general public. The Committee shall meet quarterly
at the call of the Secretary or upon the call of a majority
of the Committee, a quorum being present. The Chair-
person of the Committee shall be elected by the Committee
from among its members. Members of the Committee shall
be appointed by the President for a period of 4 years and
may be reappointed for one or more additional periods.
The Secretary shall make available to the Committee such
staff, information, personnel, and administrative services
and assistance as it may reasonably require to carry out
its activities.
HR 1049 IH
SEC. 9. PUBLICATION OF VIOLATORS.
(a) IN GENERAL.—The Secretary of Labor shall pub-
lish and disseminate the names and addresses of each per-
son who has willfully violated the provisions of section 12
of the Fair Labor Standards Act of 1938 relating to child
labor or any regulation under such section and the types
of violations committed by such person and shall distribute
the publication regionally.
(b) NOTICE TO SCHOOL DISTRICTS.—The Secretary
shall post and otherwise make available to affected school
districts the name of each employer who violates the provi-
sions of section 12 of the Fair Labor Standards Act of
1938, relating to child labor, or any regulation issued
under such section together with a description of the loca-
tion and nature of the violation.
SEC. 10. COVERAGE.
The provisions of sections 12 and 16(e) of the Fair
Labor Standards Act of 1938 shall apply to employers re-
gardless of the annual dollar volume of sales whereby cer-
tain enterprises are exempted from coverage under such
Act.
SEC. 11. PROTECTION OF MINORS WHO ARE MIGRANT OR
SEASONAL AGRICULTURAL WORKERS.
(a) DEFINITION OF OPPRESSIVE CHILD LABOR.—
The first sentence of section 3(l) (29 U.S.C. 203(l)) is
amended—
HR 1049 IH
(1) by striking ‘‘or’’ before ‘‘(2)’’; and
(2) by inserting before the semicolon the follow-
ing: ‘‘, or (3) any employee under the age of 14
years is employed by an employer as a migrant agri-
cultural worker (as defined in section 3(8) of the Mi-
grant and Seasonal Agricultural Protection Act (29
U.S.C. 1802(8)) or seasonal agricultural worker (as
defined in section 3(10) of such Act)’’.
(b) EXEMPTIONS.—Section 13 (29 U.S.C. 213) is
amended—
(1) in subsection (a)(6), by inserting before the
semicolon at the end the following: ‘‘, except that
this paragraph shall not apply to an employee de-
scribed in section 3(l)(3)’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Except
as provided in paragraph (2) or (4)’’ and in-
serting ‘‘Except as provided in paragraph (2),
(4), or (5)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(5) The provisions of section 12 relating to child
labor shall apply to an employee described in section
3(l)(3).’’.
HR 1049 IH
SEC. 12. REGULATIONS.
The Secretary of Labor shall issue such regulations
as are necessary to carry out this Act and the amendments
made by this Act.
SEC. 13. AUTHORIZATION.
There is authorized to be appropriated to the Sec-
retary of Labor such sums as may be necessary for the
additional costs resulting from the amendments made by
sections 2 and 5.
Æ