Child Labor Law Summaries

The District of Columbia's child labor law is located in the District of Columbia Code Annotated at Title 36, Chapter 5. For full text, see Wages-Hours 9-45,000 et seq.

COVERAGE

The District's child labor law generally covers all persons employing minors.

EXCEPTIONS

The District's child labor law does not apply to minors 10 years of age and over engaged in the distribution of newspapers, magazines, or periodicals on fixed routes (Sec. 36-515).

WHAT THE EMPLOYER MUST DO

Generally, District of Columbia employers may employ minors 14 years of age and older in nonhazardous occupations if a work permit is secured and certain hours restrictions are met.

Prohibited employment

Except for theatrical employment and the provisions of Sec. 36-507, no minor under 14 years of age may be employed, permitted, or suffered to work in the District of Columbia, in, about, or in connection with any gainful occupation, with the exception of housework performed outside of school hours in the home of the minor's parent or legal guardian or agricultural work performed outside of school hours in connection with the minor's own home and directly for the minor's parent or legal guardian (Sec. 36-501).

Hazardous occupations generally. --No minor may be employed, permitted, or suffered to work in any place of employment, or at any employment, dangerous or prejudicial to the life, health, safety, or welfare of the minor (Sec. 36-503).

Hazardous occupations --minors under 16. --Except in duly approved vocational education program or training under the auspices of the Board of Education or the Trustees of the University, no minor under 16 years of age may be employed, permitted, or suffered to work at any of the following occupations (Sec. 36-504):

(1) in the operation of any machinery operated by power other than hand or foot power; or

(2) in oiling, wiping, or cleaning machinery or assisting in such activities.

Hazardous occupations --minors under 18. --No minor under 18 years of age may be employed, permitted, or suffered to work at operating any freight or nonautomatic elevator, or in any quarry, tunnel, or excavation (Sec. 36-505).

Newspaper stuffing. --No minor under 16 years of age may be employed in the stuffing of newspapers (Sec. 36-515).

Street or public place occupations. --No minor under 12 years of age may distribute, sell, expose, or offer for sale any newspapers, magazines, periodicals, or any other articles or merchandise of any description, or distribute handbills or circulars, except political literature, in any street or public place, or exercise the trade of bootblack or any other trade, in any street or public place (Sec. 36-515).

Permitted employment --specific occupations

Theatrical employment. --See the discussion below for "Theatrical employment."

Newspaper sales/distribution. --Minors 10 years of age and over may be employed outside of school hours in the distribution or sale of newspapers, subject to other requirements of the child labor law (Sec. 36-501).

Youth Poll Worker Emergency Act of 2004. --The District of Columbia Board of Elections and Ethics may appoint as polling place workers individuals who are 16 or 17 years of age on the day that they are working in this capacity, who reside in the District, and who are enrolled in or have graduated from a public or private secondary school or an institution of higher education (Act No. 494, L. 2003, expires October 31, 2004).

Hours of work

Except as provided for theatrical employment, no minor under 18 years of age may be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation, except in agricultural work, or housework, or in the distribution or sale of newspapers, and except in newspaper stuffing, more than six consecutive days in any one week, or more than 48 hours in any one week, or more than eight hours in any one day, nor may any minor 16 or 17 years of age be employed, permitted, or suffered to work before 6:00 a.m. or after 10:00 p.m. of any day; nor may any minor under 16 years of age be employed, permitted, or suffered to work before 7:00 a.m. or after 7:00 p.m. of any day, except during the summer (June 1 through Labor Day), when the evening hour shall be 9:00 p.m. (Sec. 36-502).

Theatrical employment. --A minor may not appear in more than two live performances in one day or more than eight live performances in one week. A minor may not appear in a live performance, or otherwise be required to work, before 7:00 a.m. or after 11:30 p.m. (Sec. 36-506).

A theatrical employment permit must limit the time during which a minor seven years of age or younger is permitted at the place of employment within a 24-hour period according to age as follows (Sec. 36-506):

(1) An infant under the age of six months may be permitted to remain at the place of employment for a maximum of two hours, which may consist of not more than 20 minutes of work.

(2) A minor between the ages of six and 30 months may be permitted at the place of employment for a maximum of four hours, which may consist of not more than two hours of work, with the balance of the four-hour period being rest or recreation.

(3) A minor between the ages of 30 months and seven years may be permitted at the place of employment for a maximum of six hours, which may consist of not more than three hours of work, with the balance of the six-hour period being rest, recreation, or education.

Newspaper stuffing. --The work of any minor 16 or 17 employed stuffing newspapers may not exceed 40 hours in any one week, nor may such minor be employed on more than one night in any week (Sec. 36-515).

Street or public place occupations. --No minor under 16 years of age may be employed to distribute, sell, expose, or offer for sale any newspapers, magazines, periodicals, or any other articles or merchandise of any description, or distribute handbills or circulars, except political literature, in any street or public place, or exercise the trade of bootblack or any other trade, in any street or public place, after 7:00 p.m. or before 6:00 a.m., or, unless holding a work permit issued in accordance with the child labor law, during the hours when the minor's school is in session (Sec. 36-515).

Working conditions

Theatrical employment. --A licensed practical nurse with substantial pediatric experience, or a registered nurse who is a pediatric nurse practitioner, must be provided for each three or fewer infants under the age of 30 months (Sec. 36-506).

Employment permits

No minor under 18 years of age may be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation, except in agricultural work or housework, unless the employer procures a work or vacation permit and keeps it on file and accessible to any attendance officer, inspector or other person authorized to enforce the District's child labor law. Minors under 18, however, may be employed without a permit outside of school hours in irregular or casual work usual to the home of the employer, provided that such employment is not in connection with and does not form a part of the business, trade, profession, or occupation of the employer, and such employment is not specifically prohibited by any provision of the District's child labor law or by any order issued under the authority of Sec. 36-503 (Sec. 36-507).

Work or vacation permits required by the District's child labor law are issued by the Board of Education (Sec. 36-508).

In order for the Board of Education to issue a work or vacation permit, among other requirements, the prospective employer or the employer's authorized agent must sign a statement (1) that the employer expects to give the minor present employment; (2) that sets forth the specific nature of the occupation in which the minor will be employed; and (3) that states the number of hours per day and of days per week that the minor will be employed (Sec. 36-509).

Vacation permits. --The Board of Education has authority to issue a vacation permit to a minor between the age of 14 and 16 years, permitting employment during the regular summer vacation period of the public schools, or during the school term at such time as the public schools are not in session, if the age of such minor has been proved according to Sec. 36-510, and such minor has in all other respects, except as to completion of the eighth grade, fulfilled the requirements for a work permit specified in the District's child labor law (Sec. 36-511).

Theatrical employment. --The Board of Education may issue a theatrical employment permit to a minor under 18 years of age permitting the minor to (Sec. 36-506):

(1) perform on the stage of a licensed theatre within the District of Columbia in a professional theatrical production;

(2) perform in a musical or dance recital or concert;

(3) participate in a radio or television program;

(4) participate in a motion picture;

(5) appear as a fashion model; or

(6) participate in a professional sports activity or circus.

The Board of Education may issue a theatrical employment permit if it is satisfied that adequate provisions have been made for the educational instruction of the minor, for safeguarding the minor's health, and for the proper supervision of the minor. The Board of Education may require the employer to provide the necessary resources to satisfy these requirements (Sec. 36-506).

Street or public place occupations --badges. --No minor under 16 years of age may work at any time, or be employed or permitted or suffered to work at any time, in the distribution, sale, exposure or offer for sale of any newspapers, magazines, periodicals, or other articles or merchandise, or in the distribution of handbills or circulars, except political literature, or in the trade of bootblack or any other street or public place trade, unless the minor has procured and wears in plain sight while so working a badge issued by the Board of Education, and unless the minor complies with all the legal requirements concerning school attendance (Sec. 36-516).

Evidence of age

The evidence of age required by the District's child labor law must consist of one of the following proofs of age, which will be required in the following order (Sec. 36-510):

(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 record of age as given in the records of the school first attended by the minor, if obtainable, or in the earliest available school census;

(3) a baptismal record or duly certified transcript of a baptismal record showing the date of birth and place of baptism of the minor; or

(4) a bona fide contemporary record of the date and place of the minor's birth kept in the Bible in which the records of the births in the family of the minor are preserved, or other documentary evidence satisfactory to the Board of Education, such as a passport showing the age of the minor, a certificate of arrival in the United States issued by the United States immigration officers and showing the age of the minor, or a life insurance policy.

Whenever any person authorized to enforce the District's child labor law has reason to doubt that any minor employed in any occupation for which a permit is required by the law, and for whom a work permit or vacation permit is not on file, has reached the age of 18 years, such person may make demand on such minor's employer that such employer must either furnish within 10 days the evidence required for a work permit showing that the minor is in fact 18 years of age, or must refuse to employ or permit or suffer such minor to work. If the evidence is not furnished to such person within 10 days after demand, the employer must not thereafter continue to employ the minor or permit or suffer the minor to work in such establishment (Sec. 36-512).

TRAINING

The District's child labor law does not require employers to provide training to employees on the law.

Minors in duly approved vocational education programs or training under the auspices of the Board of Education or the Trustees of the University may be exempt from the hazardous occupation prohibitions of the child labor law (Sec. 36-504).

ENFORCEMENT

The Board of Education enforces the District's child labor law (Secs. 36-514 and 36-523).

Inspections. --The Board of Education, its inspectors, and agents are empowered and instructed to visit and inspect at any time, and as often as is necessary in order effectively to enforce the District's child labor law, all places where minors are employed. The board also has authority to enter any place or establishment covered by the terms of the law (Sec. 36-514).

Records. --The Board of Education may have access to work or vacation permits kept on file by the employer and such other records as may aid in the enforcement of the District's child labor law (Sec. 36-514).

WHO TO CONTACT

Contact the Board of Education at 415 -12th Street, NW, Suite 1205, Washington, DC 20004. Telephone: (202) 724-4289. Fax: (202) 724-2040.

RECORDKEEPING

Time records. --Every employer must keep accessible in the place of employment a list of minors under 18 employed, permitted, or suffered to work, and an accurate time record showing the hours of beginning and ending work each day (Sec. 36-502).

Work/vacation permits: Inspection. --The Board of Education may have access to work or vacation permits kept on file by the employer and such other records as may aid in the enforcement of the District's child labor law (Secs. 36-507 and 36-514).

POSTING

Every employer must post and keep conspicuously posted in the establishment, in or about which any minor is employed, permitted, or suffered to work, a printed notice, furnished by the official authorized to enforce the District's child labor law, setting forth the legal regulations governing the employment and hours of work of minors and occupations prohibited to minors in such establishments (Sec. 36-502).

PENALTIES

A person commits an offense under the District's child labor law if that person (Sec. 36-513):

(1) employs a minor or permits a minor to work unlawfully; or

(2) interferes with the Board of Education, its officers or agents, or any other person authorized by the District to inspect places of employment of minors.

A person convicted of a first offense under (1) or (2) above will be fined not less than $1,000 nor more than $3,000, or imprisoned not less than 10 days nor more than 30 days, or both. A person convicted of a second or subsequent offense will be fined not less than $3,000 nor more than $5,000, or imprisoned not less than 30 days nor more than 90 days, or both. Each day during which a violation of the District's child labor law occurs constitutes a separate offense (Sec. 36-513).

This is a summary of Child Labor Laws in the District of Columbia.