reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-56. Department head, etc., to notify employee of such termination, etc.

In any such case the head of any department of the state government, or the mayor of any city or town, or the chairman of the board of supervisors or other governing body of any county, or the head of any other such employing agency, in which such employee was employed, shall forthwith notify such employee of the fact of the termination of his employment and at the same time serve upon him in person or by registered mail a declaration of his ineligibility for reemployment as before provided. Such declaration shall state the fact upon which the asserted ineligibility is based.
Code 1950, § 40-66; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-57. Appeal by employee from declaration of ineligibility

In the event that any such employee feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.
Code 1950, § 40-67; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-57.1. Appeal by employer for reemployment of terminated employee

Notwithstanding any provision of law to the contrary, in the event that the employer of an individual terminated under this article deems it necessary for the protection of the public welfare that such individual be reemployed within the twelve months following his termination, the employer may, within ninety days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former employee, who may file an answer therein ten days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.
1972, c. 792.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-57.2. Collective bargaining

A. No state, county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, "county, city, or town" includes any local school board, and "public officers or employees" includes employees of a local school board.
B. No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds.
C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.
D. Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.
1993, cc. 868, 879; 2020, cc. 1209, 1276.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-57.3. Certain activities permitted

Nothing in this article shall be construed to prevent employees of the Commonwealth, of its political subdivisions, or of any governmental agency of any of them from forming associations for the purpose of promoting their interests before the employing agency and, if they are employees of a county, city, or town or local school board that has, by a local ordinance or resolution as provided in § 40.1-57.2, authorized its employees to engage in collective bargaining, from doing so as provided in such ordinance or resolution.
1993, cc. 868, 879; 2020, cc. 1209, 1276.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-58. Policy of article

It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.
Code 1950, § 40-68; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-58.1. Application of article to public employers and employees

As used in this article, the words, "person," "persons," "employer," "employees," "union," "labor union," "association," "organization" and "corporation" shall include but not be limited to public employers, public employees and any representative of public employees in this Commonwealth. The application of this article to public employers, public employees and their representatives shall not be construed as modifying in any way the application of § 40.1-55 to government employees.
1973, c. 79.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-59. Agreements or combinations declared unlawful

Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.
Code 1950, § 40-69; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-60. Employers not to require employees to become or remain members of union

No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.
Code 1950, § 40-70; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-61. Employers not to require abstention from membership or officeholding in union

No person shall be required by an employer to abstain or refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment.
Code 1950, § 40-71; 1970, c. 321; 2002, c. 422.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-62. Employer not to require payment of union dues, etc.

No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to any labor union or labor organization.
Code 1950, § 40-72; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-63. Recovery by individual unlawfully denied employment

Any person who may be denied employment or be deprived of continuation of his employment in violation of §§ 40.1-60, 40.1-61 or § 40.1-62 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action in the courts of this Commonwealth such damages as he may have sustained by reason of such denial or deprivation of employment.
Code 1950, § 40-73; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-64. Application of article to contracts

The provisions of this article shall not apply to any lawful contract in force on April 30, 1947, but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of an existing contract.
Code 1950, § 40-74; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-65. Agreement or practice designed to cause employer to violate article declared illegal

Any agreement, understanding or practice which is designated to cause or require any employer, whether or not a party thereto, to violate any provision of this article is hereby declared to be an illegal agreement, understanding or practice and contrary to public policy.
Code 1950, § 40-74.1; 1954, c. 431; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-66. Conduct causing violation of article illegal; peaceful solicitation to join union

Any person, firm, association, corporation, or labor union or organization engaged in lockouts, layoffs, boycotts, picketing, work stoppages or other conduct, a purpose of which is to cause, force, persuade or induce any other person, firm, association, corporation or labor union or organization to violate any provision of this article shall be guilty of illegal conduct contrary to public policy; provided that nothing herein contained shall be construed to prevent or make illegal the peaceful and orderly solicitation and persuasion by union members of others to join a union, unaccompanied by any intimidation, use of force, threat of use of force, reprisal or threat of reprisal, and provided that no such solicitation or persuasion shall be conducted so as to interfere with, or interrupt the work of any employee during working hours.
Code 1950, § 40-74.2; 1954, c. 431; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-67. Injunctive relief against violation; recovery of damages

Any employer, person, firm, association, corporation, labor union or organization injured as a result of any violation or threatened violation of any provision of this article or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation, and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this article.
Code 1950, § 40-74.3; 1954, c. 431; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-68. Service of process on clerk of State Corporation Commission as attorney for union

Any labor union or labor organization doing business in this Commonwealth, all of whose officers and trustees are nonresidents of this Commonwealth, shall by written power of attorney, filed with the Department of Labor and Industry and the State Corporation Commission, appoint the clerk of the State Corporation Commission its attorney or agent upon whom all legal process against the union or organization may be served, and who shall be authorized to enter an appearance on its behalf. The manner of service of process on the clerk of the State Corporation Commission, the mailing thereof to the labor union or organization, the fees therefor, the effect of judgments, decrees and orders, and the procedure in cases where no power of attorney is filed as required, shall be the same as provided for in cases of foreign corporations.
Code 1950, § 40-74.4; 1954, c. 431; 1956, c. 430; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-69. Violation a misdemeanor

Any violation of any of the provisions of this article by any person, firm, association, corporation, or labor union or organization shall be a misdemeanor.
Code 1950, § 40-74.5; 1954, c. 431; 1970, c. 321; 1973, c. 425.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-70. Department designated agency to mediate disputes

The Department is hereby designated as the state agency authorized to mediate and conciliate labor disputes.
Code 1950, § 40-95.1; 1952, c. 697; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-71. Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties

Whenever there is in effect a collective bargaining contract covering employees of any utility engaged in the business of furnishing water, light, heat, gas, electric power, transportation or communication, the utility or the collective bargaining agent recognized by the utility and its employees shall not terminate or modify such contract until the party desiring such termination or modification serves written notice upon the Department of the proposed termination or modification at least thirty days prior to the expiration date thereof or, in the event such contract contains no expiration date, at least thirty days prior to the date it is proposed to make such termination or modification; provided, however, that a party having given notice of modification as provided herein shall not be required to give a notice of termination of the same contract.
Where there is no collective bargaining contract in effect, the utility or its employees shall give at least thirty days' notice to the Department prior to any work stoppage which would affect the operations of the utility engaged in the business of furnishing any of the utilities as described in this section.
If the utility or its employees, or the collective bargaining agent recognized by the utility and its employees, as the case may be, fails to give thirty days' notice as required by this section, the utility or its employees or such collective bargaining agent, as the case may be, may file a bill of complaint with the clerk of the circuit court having equity jurisdiction over the place of employment asking the court to temporarily enjoin such termination, modification or work stoppage until the proper notice has been served and the thirty-day period has been observed. The court shall have the authority to impose against any person who violates the notice provisions of this section a fine of up to $100 for each day such termination, modification or work stoppage continues until proper notice has been served and observed or against the collective bargaining agent the court shall have the authority to impose a fine of up to $1,000 for each day such termination or modification continues until proper notice has been served and observed.
Code 1950, § 40-95.2; 1952, c. 697; 1966, c. 92; 1970, c. 321; 1979, c. 515.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-72. Commissioner to notify Governor of disputes; mediation and conciliation

Upon receipt of notice of any labor dispute affecting operation of the utility, the Commissioner shall forthwith notify the Governor and inform him of the nature of the dispute. If the Governor deems it necessary the Commissioner, or his designated agent, shall offer to meet and confer with the parties in interest and undertake to mediate and conciliate their differences. If the Governor deems it advisable, it shall be the duty of the utility and its employees, or designated representatives, to meet and confer with the Commissioner or his agent, at a time and place designated by the Commissioner, for the purpose of mediating and conciliating their differences.
Code 1950, § 40-95.3; 1952, c. 697; 1966, c. 92; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-73. Commissioner to keep Governor informed of negotiations, etc.

The Commissioner shall keep the Governor fully informed as to the progress of the negotiations between the utility and its employees and shall report as soon as practical whether in his judgment a strike or lockout appears to be probable in any such dispute or, if a strike or lockout begins, whether continuation thereof is probable.
Code 1950, § 40-95.4; 1952, c. 697; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-74. Right of entry

In order to carry out the duties imposed by this article, the Commissioner or his designated agent shall have the right to enter upon the property of the utility.
Code 1950, § 40-95.5; 1952, c. 697; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 4 - Labor Unions, Strikes, Etc. › § 40.1-75. Article not applicable when National Railway Labor Act applies

Nothing in this article shall apply to any utility to which the National Railway Labor Act is applicable.
Code 1950, § 40-95.6; 1952, c. 697; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-78. Employment of children under fourteen and sixteen

A. No child under fourteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation except as specified in this chapter.
B. No child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation during school hours unless he has reached the age of fourteen and is enrolled in a regular school work-training program and a work-training certificate has been issued for his employment as provided in § 40.1-88.
C. Nothing in this section shall affect the provisions of §§ 40.1-100 A, 40.1-100.1, 40.1-100.2, 40.1-101 and 40.1-102.
Code 1950, § 40-96; 1956, c. 567; 1960, c. 434; 1968, c. 264; 1970, c. 321; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-79.01. Exemptions from chapter generally

A. Nothing in this chapter, except the provisions of §§ 40.1-100 A, 40.1-100.1, 40.1-100.2, and 40.1-103, shall apply to:
1. A child engaged in domestic work when such work is performed in connection with the child's own home and directly for his parent or a person standing in place of his parent;
2. A child employed in occasional work performed outside school hours where such work is in connection with the employer's home but not in connection with the employer's business, trade, or profession;
3. A child 12 or 13 years of age employed outside school hours on farms, in orchards or in gardens with the consent of his parent or a person standing in place of his parent;
4. A child between the ages of 12 and 18 employed as a page or clerk for either the House of Delegates or the Senate of Virginia;
5. A child participating in the activities of a volunteer emergency medical services agency;
6. A child under 16 years of age employed by his parent in an occupation other than manufacturing; or
7. A child 12 years of age or older employed by an eleemosynary organization or unit of state or local government as a referee for sports programs sponsored by that eleemosynary, state, or local organization or by an organization of referees sponsored by an organization recognized by the United States Olympic Committee under 36 U.S.C. § 220522.
B. Nothing in this chapter, except §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall be construed to apply to a child employed by his parent or a person standing in place of his parent on farms, in orchards or in gardens owned or operated by such parent or person.
1991, c. 511; 1998, c. 30; 2003, c. 380; 2015, cc. 502, 503.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-79.1. Exemptions from chapter generally; participation in volunteer fire company activities

A. Any county, city or town may authorize by ordinance any person residing anywhere in the Commonwealth, aged 16 years or older, who is a member of a volunteer fire company within such county, city, or town with parental or guardian approval, (i) to seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs; and (ii) to work with or participate in activities of such volunteer fire company, provided such person has attained certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs. Nothing in this chapter shall prohibit participation by such persons in nonhazardous activities of a volunteer fire company, including fire prevention efforts and training courses approved by the Virginia Fire Services Board that are designed to provide situational awareness. Such ordinance shall not require a minor who achieved certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs, on or before January 1, 2006, between the ages of 15 and 16, to repeat the certification after his sixteenth birthday.
B. Any trainer or instructor of such persons mentioned in subsection A and any member of a paid or volunteer fire company who supervises any such persons shall be exempt from the provisions of § 40.1-103, provided that the provisions of § 40.1-100 have not been violated, when engaged in activities of a volunteer fire company, and provided that the volunteer fire company or the governing body of such county, city or town has purchased insurance which provides coverage for injuries to or the death of such persons in their performance of activities under this section.
1982, c. 344; 1983, c. 123; 1991, c. 511; 2005, c. 151; 2006, c. 462; 2018, c. 181.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-80.1. Employment of children

A. Except as provided in §§ 40.1-79.01, 40.1-88, 40.1-102, and 40.1-109, no child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation more than the number of hours per week or more than the number of hours per day or during the hours of the day that the Commissioner shall determine by regulations to be detrimental to the lives, health, safety or welfare of children. These regulations shall incorporate the standards contained in regulations promulgated by the United States Secretary of Labor pursuant to the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) concerning the number of hours per week, hours per day, and the hours of the day that children under the age of sixteen may work in, about, or in connection with, any gainful occupation.
B. No child shall be employed or permitted to work for more than five hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.
1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-81.1. Records to be kept by employers

Every employer employing minors under sixteen years of age shall keep a time book or time cards or other appropriate records for such minor employees which shall show the beginning and ending time of work each day together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding twelve months for each such minor employee shall be kept on the premises for a period of thirty-six months from the date of the latest work period recorded for the minor employee involved.
1972, c. 480; 1982, c. 134; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-84. Employment certificate required

No child under sixteen years of age shall be employed, permitted or suffered to work, in, about or in connection with any gainful occupation with the exception of volunteer work or work on farms, orchards and in gardens and except as provided in §§ 40.1-79.01, 40.1-101, and 40.1-102 unless the person, firm or corporation employing such child, procures and keeps on file and accessible to any school attendance officer, representative of the Department or other authorized persons, charged with the enforcement of this chapter, the employment certificate as hereinafter provided, issued for such child.
Code 1950, § 40-100; 1960, c. 434; 1966, c. 603; 1970, c. 321; 1972, cc. 480, 824; 1974, cc. 283, 525; 1979, c. 219; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-85. Kinds of employment certificates

Employment certificates shall be of two kinds: work-training certificate and vacation or part-time employment certificate.
Code 1950, § 40-100.1; 1970, c. 321; 1982, c. 135; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-87. Vacation or part-time employment certificate

A vacation or part-time employment certificate shall permit the employment of a child between fourteen and sixteen years of age only during school vacation periods or on days when school is not in session, or outside school hours on school days.
Code 1950, § 40-100.3; 1958, c. 164; 1970, c. 321; 1979, c. 219; 1982, c. 136; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-88. Work-training certificate

A work-training certificate shall permit the employment of a child between fourteen and sixteen years of age during school hours when enrolled in a regular school work-training program pursuant to a written agreement containing the same provisions as specified in § 40.1-89.
Code 1950, § 40-100.4; 1970, c. 321; 1979, c. 219; 1982, c. 670.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-89. Same; employment not allowed; revocation of certificate

No child shall be employed pursuant to a work-training certificate as provided in § 40.1-88 where such employment requires such child to work in any occupation which is deemed hazardous under § 40.1-100 A or regulations promulgated thereunder. However, a child sixteen or seventeen years of age may be employed in certain such occupations as part of a work-training program in accordance with rules and regulations promulgated by the Commissioner. No child shall work in a work-training program except pursuant to a written agreement which shall provide: (1) that the work of such child shall be incidental to his training, shall be intermittent and for short periods of time and shall be under the direct and close supervision of a competent and experienced person; (2) that safety instruction shall be given by the school and correlated with on-the-job training given by the employer; and (3) that a schedule of organized and progressive work processes to be performed shall have been prepared. Such written agreement shall set forth the name of the child so employed and shall be signed by the employer and the coordinator of schools having jurisdiction. Copies of such agreement shall be retained by the school and the employer, and a copy thereof shall be filed with the Department.
Any such work-training certificate or written agreement may be revoked at any time that it shall appear that reasonable precautions for the safety of such child have not been observed.
Code 1950, § 40-100.4:1; 1960, c. 434; 1968, c. 277; 1970, c. 321; 1982, c. 252; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-92. Issuance of certificates

A. The Commissioner shall prescribe the procedures for minors and employers concerning issuance and maintenance of employment certificates. The Commissioner may issue certificates both directly and electronically. Employment certificates shall be issued by the Department only upon application of the child desiring employment. The employment certificate shall not be valid unless permission is granted by a parent, guardian, or custodian through means specified by the Commissioner. The Department shall have authority to make any investigation or examination necessary for the issuance thereof. No fee shall be charged for issuing any such certificate nor for rendering any services in respect thereto. The Commissioner shall file and preserve such certificates and related documents.
B. No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any representative of the Commissioner in order to obtain the issuance of an employment certificate.
Code 1950, § 40-101; 1960, c. 434; 1970, c. 321; 1979, c. 219; 1991, c. 511; 2013, c. 15.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-93. Proof required for employment certificate

The Department shall not issue an employment certificate until it has received, examined, approved, and filed the following:
1. Except for work coming within one of the exceptions in § 40.1-79.01, a statement signed by the prospective employer, or someone duly authorized on his behalf, stating that he expects to give such child present employment, setting forth the specific nature of the occupation in which he intends to employ such child, and the number of hours per day and of days per week which said child shall be employed and of the period for lunch. Such statement shall be submitted by means specified by the Commissioner; and
2. A statement, signed by the prospective employer or someone duly authorized on his behalf, submitted by means specified by the Commissioner, that the employer has verified the age of such minor. The employer shall procure and keep on file, accessible to the Department or other authorized persons charged with the enforcement of this chapter, the proof of age as provided in § 40.1-94.
Code 1950, § 40-102; 1960, c. 434; 1970, c. 321; 1972, c. 480; 1991, c. 511; 2013, c. 15.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-94. Proofs of age

The evidence of age required by this chapter shall consist of one of the following proofs of age, which shall be required in the order herein designated:
(1) A birth certificate or attested transcript issued by a registrar of vital statistics or other officer charged with the duty of recording births.
(2) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the child.
(3) Other documentary proof of age specified by the Commissioner.
Code 1950, § 40-103; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-96. Contents of employment certificates

The employment certificate required to be issued shall state the name, sex, date of birth, and place of residence of the child. It shall certify that all the conditions and requirements for issuing an employment certificate under the provisions of this chapter have been fulfilled and shall be signed by the Commissioner. It shall state the kind of evidence of age accepted for the employment certificate. Except for work coming within one of the exceptions in § 40.1-79.01, the certificate shall show the name and address of the employer for whom and the nature of the specific occupation in which the employment certificate authorizes the child to be employed and shall be valid only for the occupation so designated. It shall bear a number, shall show the date of its issue, and shall be signed by the child for whom it is issued by means specified by the Commissioner. The employment certificate shall be issued to the employer, by means specified by the Commissioner, on or prior to the first day of employment. The employer and Commissioner shall retain a manual or electronic copy of the certificate, so long as the youth is employed or for a period of 36 months, whichever is longer.
Code 1950, § 40-105; 1960, c. 434; 1970, c. 321; 1978, c. 596; 1991, c. 511; 2013, c. 15.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-100.1. Employment where hazard capable of causing serious physical harm or death

No person shall employ, suffer, or permit a child to work in any gainful occupation that exposes such child to a recognized hazard capable of causing serious physical harm or death to such child. Any person violating this section shall be subject to a civil monetary penalty in accordance with § 40.1-113 of this chapter.
1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-100.2. Employment involving sexually explicit visual material prohibited

A person under eighteen years of age shall not perform in or be a subject of sexually explicit visual material. As used in this section, "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which is obscene for children, as defined in § 18.2-374.1, and which depicts nudity, sexual excitement, sexual conduct, sexual intercourse or sadomasochistic abuse, as defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other action is necessary to make its sexually explicit content apparent. A person who employs, permits or suffers a person to be employed or work in violation of this section is guilty of a Class 6 felony.
1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-101. Qualifications as to theaters

Notwithstanding the provisions of §§ 40.1-100 and 40.1-100.1, a child under sixteen years of age, whether a resident or nonresident of the Commonwealth, may be employed, permitted or suffered to participate in the presentation of a drama, play, performance, concert or entertainment, provided the management of the theater or other public place where such performance is to be held in the Commonwealth shall secure a permit from the Commissioner; provided, that no such permit shall be required for any nonprofit dance or music recital, nor for any television or radio broadcast in which the children participating are selected by the television or radio broadcasting station for sustaining noncommercial programs.
Code 1950, § 40-110; 1960, c. 434; 1970, c. 321; 1973, c. 13; 1979, c. 348; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-102. Issuance of theatrical permit

No permit shall be issued unless the Commissioner is satisfied that the environment in which the drama, play, performance, concert or entertainment is to be produced is a proper environment for the child and that the conditions of such employment are not detrimental to the health or morals of such child and that the child's education will not be neglected or hampered by its participation in such drama, play, performance, concert or entertainment. Applications for permits and every permit granted shall specify the name, age and sex of each child, together with such other facts as may be necessary for the proper identification of each child and the dates when, and the theaters or other places of amusement in which such drama, play, performance, concert or entertainment is to be produced and shall specify the name of the drama, play, performance, concert or entertainment in which each child is permitted to participate. Such application shall be filed with the Commissioner not less than five days before the date of such drama, play, performance, concert or entertainment. A permit shall be revocable by the Commissioner should it be found that the environment in which the drama, play, performance, concert or entertainment is being produced is not a proper environment for the child and that the conditions of such employment are detrimental to the health or morals of such child. The Commissioner shall prescribe and supply the forms required for carrying out the provisions of this section.
Code 1950, § 40-111; 1960, c. 434; 1970, c. 321.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-103. Cruelty and injuries to children; penalty; abandoned infant

A. It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony.
B. If a prosecution under this section is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child within the first 30 days of the child's life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.
Code 1950, § 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822; 2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-104. Age certificates

An age certificate shall be issued, upon request of the employer or the worker, for a person sixteen years of age or over. It shall be issued by the person authorized to issue employment certificates under the provisions of this chapter upon presentation of the same evidence of age as required for an employment certificate. The age certificate shall show the person's name and address, his date of birth and signature, the signature of the person issuing the certificate and the evidence accepted as proof of age.
An employment or age certificate duly issued shall be conclusive evidence of the age of the person for whom issued in any proceeding involving the employment of the person under any of the labor laws of this Commonwealth as to any act occurring subsequent to its issuance and prior to its revocation.
Code 1950, § 40-113; 1970, c. 321; 1972, c. 824; 1979, c. 219.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-109. Newspaper carriers on regular routes; hours

Notwithstanding the other provisions of this chapter, any child between twelve and sixteen years of age may daily engage in the occupation of distributing newspapers on regularly established routes between the hours of four o'clock ante meridian and seven o'clock post meridian, excluding the time public schools are actually in session.
Code 1950, § 40-118; 1960, c. 434; 1962, c. 352; 1970, c. 321; 1972, c. 807; 1973, c. 13; 1979, c. 219; 1982, c. 83; 1991, c. 511.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-112. Solicitation generally

A. In order to provide for enforcement of the child labor laws and the protection of employees, it shall be unlawful for any person, firm or corporation, except a nonprofit organization as defined in § 501(c) (3) of the United States Internal Revenue Code, to engage in or to employ any person for, or suffer or permit any person in his employment to work in, any trade in any street or public place, including but not limited to candy sales or soliciting for commercial purposes, selling, or obtaining subscription contracts or orders for books, magazines or other periodical publications other than newspapers, without obtaining from the Commissioner a permit to conduct such business. No permit shall be required for the placement of advertisements or literature on or near a business or private residence, if there is no attempt, in person, to solicit business or make a sale at the time of the placement of the material.
B. Such permits shall be valid from the date of issuance until June 30 next following the date of issuance. Applications may be made not more than thirty days prior to the requested date of issuance on forms furnished by the Commissioner, and the applicant shall supply such information as is required concerning his place or places of business, the prospective number of his employees, and the proposed hours of work and rate of compensation for such employees. A separate permit shall be required for each place of business which the applicant operates within this Commonwealth.
C. Each permittee shall maintain such records as may be prescribed by the Commissioner showing the name, residence address and age of each employee, the hours worked by each employee, the place where such work was performed, and the compensation paid and payable to such employee. Such records shall be available for inspection by the Commissioner or a representative designated by him during business hours.
D. No child shall be employed or permitted to work by or for any permittee unless all the following conditions are satisfied:
1. The child is at least sixteen years of age;
2. The permittee has a permanent business address within this Commonwealth; and
3. The child works at all times under the immediate supervision of an adult.
E. No child shall be required, permitted or directed to make any false statement representing himself, his employer or products or services in his employment.
F. Any person violating any provision or condition of this section shall be guilty of a Class 1 misdemeanor for each such violation. Any violation of this section by a permittee or with his knowledge and consent shall in addition be grounds for revocation of the permit.
Code 1950, § 40-118.3; 1964, c. 315; 1966, c. 603; 1968, c. 743; 1970, c. 321; 1973, c. 13; 1979, c. 219; 1982, c. 137; 1991, c. 511; 1998, c. 157.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-113. Child labor offenses; civil penalties

A. Whoever employs, procures, or, having under his control, permits a child to be employed in violation of any of the provisions of this chapter other than §§ 40.1-100.2, 40.1-103 and 40.1-112, shall be subject to a civil penalty that (i) shall not exceed $10,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of that employment and (ii) shall not exceed $1,000 for each other violation. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.
B. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner's decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner's findings of fact.
C. Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.
Code 1950, § 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979, c. 348; 1982, c. 416; 1991, c. 511; 2007, c. 667; 2015, c. 285.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-114. Enforcement of child labor law

The Commissioner, with the assistance of state and local law-enforcement officers, shall enforce the provisions of this chapter and shall have authority to appoint such representatives as may be necessary to secure the enforcement of this chapter. He shall make all necessary rules and regulations for carrying out the purposes of this chapter, and shall prescribe such forms as may be required for carrying out the provisions of this chapter.
Code 1950, § 40-120; 1970, c. 321; 1979, c. 219; 2015, c. 285.
2023 Code of Virginia › Title 40.1 - Labor and Employment › Chapter 5 - Child Labor › § 40.1-115. School attendance

Nothing contained in this chapter shall be construed as qualifying in any way the provisions of the compulsory education laws of this Commonwealth, nor as authorizing the employment of any child who is absent unlawfully from school.
Code 1950, § 40-121; 1970, c. 321.