72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1836
House Bill 2748
Sponsored by Representative NELSON (at the request of David G.
Spalding)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that Oregon child labor laws be construed in manner
consistent with federal child labor laws and regulations.
Modifies requirements for employment certificate. Modifies hours
of labor permitted for minors under 16 years of age.
Directs Wage and Hour Commission to adopt rules relating to
minors performing agricultural labor, to exceptions to hours of
labor requirements and to employment of minors under 14 years of
age. Prohibits commission from adopting rules more restrictive on
employment of minors than federal laws and regulations.
Repeals prohibition on employment of minors as elevator
operators.
A BILL FOR AN ACT
Relating to child labor; creating new provisions; amending ORS
653.305, 653.307, 653.310, 653.315, 653.320, 653.340, 653.365
and 653.525; and repealing ORS 653.335.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS 653.305 to 653.340. + }
SECTION 2. { + (1) ORS 653.305 to 653.370 shall be construed
to the extent possible in a manner that is consistent with any
similar provisions of the federal Fair Labor Standards Act (29
U.S.C. 201 et seq.) and regulations relating to child labor
adopted by the United States Department of Labor in accordance
with the federal Act.
(2) The purpose of subsection (1) of this section is to ensure
that Oregon child labor laws and rules are no more restrictive on
the employment of minors than federal laws and regulations. + }
SECTION 3. ORS 653.305 is amended to read:
653.305. (1) The Wage and Hour Commission may at any time
inquire into wages or hours or conditions of labor of minors
employed in any occupation in this state and determine suitable
hours and conditions of labor for such minors.
(2) When the commission has made such determination, it may
{ - issue an obligatory order - } { + adopt rules + } in
compliance with ORS 183.310 to 183.550.
(3) After { - such order is - } { + the commission's rules
become + } effective, { - no - } { + an + } employer in the
occupation affected { - shall - } { + may not + } employ a
minor for more hours or under different conditions of labor than
are specified or required by the { - order; but no such
order - } { + rules. However, neither the rules + } nor the
commission
{ - shall - } { + may + } authorize or permit the employment
of any minor for more hours per day or per week than the maximum
fixed by law or at times or under conditions prohibited by law.
SECTION 4. ORS 653.307 is amended to read:
653.307. (1) In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Wage and Hour Commission shall adopt
rules governing annual employment certificates required under
this section. { - After September 9, 1995, - } The rules
governing the total hours a minor can work { - shall - }
{ + may + } not be more restrictive than the requirements of the
Federal Fair Labor Standards Act (29 U.S.C. { - 202, - }
{ + 201 + }et seq.) { - , unless otherwise provided by Oregon
law - } .
(2) An employer who hires minors shall apply to the { - Wage
and Hour - } commission for an annual employment certificate to
employ minors. The application shall be on a form provided by the
commission and shall include, but not be limited to:
(a) The estimated or average number of minors to be employed
during the year.
(b) A description of the activities to be performed.
(c) A description of the machinery or other equipment to be
used by the minors.
(3) Once a year, the Bureau of Labor and Industries shall
provide to all employers applying for an annual employment
certificate an information sheet summarizing all rules and laws
governing the employment of minors.
(4) Failure by an employer to comply with ORS 653.305 to
653.340 or with the { - regulations - } { + rules + } adopted
by the { - Wage and Hour - } commission pursuant to this
section shall subject the employer to revocation of the right to
hire minors in the future at the discretion of the { - Wage and
Hour - } commission, provided that an employer shall be granted
a hearing before the { - Wage and Hour - } commission prior to
such action being taken.
(5) All school districts shall cooperate with the { - Wage
and Hour - } commission and make available { + , + } upon
request of the commission, information concerning the age and
schooling of minors.
SECTION 5. ORS 653.310 is amended to read:
653.310. { - No child under 18 years of age shall be employed
or permitted to work in any employment listed in ORS 653.320 (2)
unless the - } { + A + } person employing { - the - }
{ + a + } child { - keeps - } { + shall keep + } on file
{ - and accessible to the school authorities of the district
where such child resides, and to the police and the Wage and Hour
Commission, - } an annual employment certificate as prescribed
by the rules adopted by the { + Wage and Hour + } Commission
{ - pursuant to - } { + under + } ORS 653.307 { - and keeps
a complete list of all such children employed therein - } .
SECTION 6. ORS 653.315 is amended to read:
653.315. (1) { - No - } { + Except as provided in
subsection (3) of this section, a + } child under 16 years of age
{ - shall - } { + may not + } be employed for longer than
{ - 10 - } { + three hours in any one day when school is in
session or eight + } hours { - for - } { + in + } any one
day { + when school is not in session. + } { - , nor more than
six days in any one week. The Wage and Hour Commission shall
issue special permits for the employment of children under 16
years of age in agriculture for longer than 10 hours for any one
day when the commission determines that such hours of work will
not be detrimental to the health and safety of the children so
employed. - }
(2) { - No - } { + Except as provided in subsection (3) of
this section, a + } child under 16 years of age { - shall - }
{ + may not + } be employed at any work before 7 a.m. or after
{ - 6 - } { + 7 + } p.m., except { + during the summer,
between June 1 and Labor Day, when a child may not be employed at
any work after 9 p.m. + } { - for those: - }
{ - (a) Employed in agriculture. - }
{ - (b) Employed in youth camps. The term 'youth camps' means
those camps operated and maintained primarily for the supervised
recreation and education of youth of either sex during the public
school vacation periods. - }
{ - (c) Employed as newspaper carrier or vendor. - }
{ - (d) Employed under a special permit which may be issued
by the Wage and Hour Commission, after investigation and good
cause shown therefor, in suitable work which is not detrimental
to the child's physical and moral well-being. The Wage and Hour
Commission or its representatives shall investigate periodically
the conditions of labor for which the special permit has been
issued, to determine whether or not the permit should be
continued. - }
{ - (e) Employed in or about private residences at domestic
work, chores and child care. This exception does not extend to
employment in places where child care or training is carried on
as an occupation. - }
{ - (3) Every child under 16 years of age is entitled to not
less than 30 minutes for mealtime at noon, but such mealtime
shall not be included as part of the work hours of the day. - }
{ - (4) Every employer of children under 16 years of age
shall post in a conspicuous place where such children are
employed, a printed notice stating the maximum work hours
required in one week, and in every day of the week from such
children. - }
{ + (3) The Wage and Hour Commission shall adopt rules
relating to the employment of children under 16 years of age in
agriculture and rules permitting exceptions from the requirements
of this section. The rules shall be consistent with and no more
restrictive than similar provisions of regulations adopted by the
United States Department of Labor in accordance with the federal
Fair Labor Standards Act (29 U.S.C. 201 et seq.). + }
SECTION 7. ORS 653.320 is amended to read:
653.320. (1) { - No - } { + A + } child under the age of 14
years { - shall - } { + may not + } be employed in any work,
or labor of any form for wages or other compensation to
whomsoever payable, during the term when the public schools of
the town, district or city in which the child resides are in
session.
(2) { - No - } { + A + } child under 14 years of age
{ - shall - } { + may not + } be employed or permitted to work
in, or in connection with, any factory, workshop, mercantile
establishment, store, business office, restaurant, bakery, hotel
or apartment house.
(3) The Wage and Hour Commission may allow children between the
ages of 12 and 14 to be employed in any suitable work during any
school vacation extending over a term of two weeks and may issue
permits therefor. The commission shall exercise careful
discretion as to the character of such employment and its effect
on the physical and moral well-being of the child.
(4) { - Exceptions may be made by the Wage and Hour
Commission exempting - } { + The commission may exempt + } a
minor or class of minors from the { - above - }
provisions { + of subsections (1) to (3) of this section + }.
The child so employed under this provision shall be given notice
of confidential access to the { - Wage and Hour - }
commission.
{ + (5) The commission shall adopt rules relating to the
employment of children under 14 years of age in agriculture and
rules permitting exceptions from the requirements of this
section. The rules shall be consistent with and no more
restrictive than similar provisions of regulations adopted by the
United States Department of Labor in accordance with the federal
Fair Labor Standards Act (29 U.S.C. 201 et seq.). + }
SECTION 8. ORS 653.340 is amended to read:
653.340. { - (1) No person under the age of 18 years shall be
employed or permitted to work as a messenger for a telegraph or
messenger company or anyone engaged in such a business in the
distribution, transmission or delivery of goods or messages
before 5 a.m. or after 10 p.m. - }
{ - (2) No - } { + A + } person under the age of 16 years
{ - shall - } { + may not + } be employed or permitted to work
in the { - telegraph, telephone or - } public messenger
service.
SECTION 9. ORS 653.365 is amended to read:
653.365. The provisions of ORS { + 653.305 to + } 653.370 do
not apply { - when minors - } { + to a minor + }under 18
years of age { - are employed under the following
circumstances: - }
{ - (1) The minor - } { + who + } is employed by the parent
of the minor { - ; - } or
{ - (2) The minor is employed - } by a person standing in
the place of the parent of the minor and who has custody of the
minor { + , except in manufacturing and mining occupations or an
occupation found by the Wage and Hour Commission to be
particularly hazardous for the employment of minors + }.
SECTION 10. ORS 653.525 is amended to read:
653.525. { + (1) + } The Wage and Hour Commission may
{ - prepare, adopt and promulgate - } { + adopt + } rules for
the carrying into effect of ORS 653.305, 653.315 and 653.505 to
653.540, including rules for the selection of members and the
mode of procedure of conferences.
{ + (2) The commission may not adopt any rule, under this
section or under any other section granting the commission
rulemaking authority, that is more restrictive on the employment
of minors than the requirements of the federal Fair Labor
Standards Act (29 U.S.C. 201 et seq.) and regulations relating to
child labor adopted by the United States Department of Labor in
accordance with the federal Act. + }
SECTION 11. { + ORS 653.335 is repealed. + }
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