Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS › Section 16VAC15-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms when used in this chapter shall have the
				  following meanings, unless the context clearly indicates otherwise.
"Employ" means to put to work, use or service, or to engage
				  the services of, and shall include to permit or suffer to work. "To permit or
				  suffer to work" means to knowingly allow by failure to stop or to protest, as
				  well as to employ by oral or written contract, by any person having authority
				  over a minor in connection with the services being performed. As used in this
				  chapter, the term "employ" is broader than the common law concept of employment
				  and must be interpreted broadly in the light of the mischief to be corrected.
				  Neither the technical relationship between the parties nor the fact that the
				  minor is unsupervised or receives no compensation is controlling in determining
				  whether an employer-employee relationship exists for the purpose of this
				  chapter.
"Employer" means an individual, partnership, association,
				  corporation, legal representative, receiver, trustee, or trustee in bankruptcy
				  doing business in or operating within this Commonwealth who employs another to
				  work for wages, salaries, or on commission and shall include any similar entity
				  acting directly or indirectly in the interest of an employer in relation to an
				  employee. For purposes of this chapter, it shall not include the government of
				  the United States, the Commonwealth of Virginia or any of its agencies,
				  institutions, or political subdivisions or any public body.
"School hours" means those periods when the school attended
				  by the minor is in regular session, and does not include hours before and after
				  school, Saturdays and Sundays, holidays, or school vacations, including summer
				  vacations. If the minor does not attend school, "school hours" shall mean the
				  school hours of the school district in which the minor is currently
				  living.
"Sports-attending services" means pre- and post-game or
				  practice setup of balls, items and equipment; supplying and retrieving balls,
				  items and equipment during a sporting event; clearing the field or court of
				  debris, moisture, etc., during play; providing ice, drinks, towels, etc., to
				  players during play; running errands for trainers, managers, coaches, and
				  players before, during, and after a sporting event; and returning and/or
				  storing balls, items and equipment in club house or locker room after a
				  sporting event. The following activities are not included in the definition and
				  are, therefore, impermissible duties: grounds or field maintenance such as
				  grass mowing, spreading or rolling tarpaulins used to cover playing areas,
				  etc.; cleaning and repairing equipment; cleaning locker rooms, showers,
				  lavatories, rest rooms, team vehicles, club houses, dugouts or similar
				  facilities; loading and unloading balls, items, and equipment from team
				  vehicles before and after a sporting event; doing laundry; and working in
				  concession stands or other selling and promotional
				  activities.
Statutory Authority
§ 40.1-80.1 of the Code of Virginia.