Child Labor Law Summaries
Virginia, Child Labor Law Summaries
Virginia's child labor law is located in the Code of Virginia at Title 40.1, Chapter 5. The full text of the law is available at Wages-Hours ¶48-45,001 et seq. Corresponding regulations are located in the Virginia Administrative Code at Title 16, Agency No. 15.
DEFINITIONS
“Employer” means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within Virginia who employs another to work for wages, salaries, or on commission. The term includes any similar entity acting directly or indirectly in the interest of an employer in relation to an employee (Sec. 40.1-2).
“Employ” means to permit or suffer to work (Sec. 40.1-2).
COVERAGE
Virginia's child labor law covers individuals, partnerships, associations, corporations, legal representatives, receivers, trustees, or trustees in bankruptcy doing business in or operating within Virginia who employ another to work for wages, salaries, or on commission. Also covered are similar entities acting directly or indirectly in the interest of an employer in relation to an employee (Sec. 40.1-2).
EXCEPTIONS
Public employment
Legislative pages/clerks.- Except for the hazardous/prohibited employment provisions described below, Virginia's child labor law does not apply to 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 (Sec. 40.1-79.01(A), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Apprentices
Notwithstanding the hazardous/prohibited occupation provisions of Virginia's child labor law, children 16 years of age or older who are serving a voluntary apprenticeship may be employed in any occupation in accordance with rules and regulations issued by the Commissioner of Labor and Industry (Sec. 40.1-100(A), as amended by Ch. 151 (H. 1703), L. 2004).
Agricultural labor
Except for the hazardous/prohibited employment provisions described below, Virginia's child labor law does not apply to a child 12 or 13 years of age employed outside school hours on farms, in orchards or in gardens with the consent of the child's parent or a person standing in place of the child's parent (Sec. 40.1-79.01(A), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Nothing in Virginia's child labor law, except the hazardous/prohibited occupation provisions of Secs. 40.1-100.1, 40.1-100.2, and 40.1-103, may be construed to apply to a child employed by the child's parent or a person standing in place of the child's parent on farms, in orchards or in gardens owned or operated by such parent or person (Sec. 40.1-79.01(B), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Domestic service/employment by parent
Except for the hazardous/prohibited employment provisions described below, Virginia's child labor law does not apply to (1) a child engaged in domestic work when the work is performed in connection with the child's own home and directly for the child's parent or a person standing in place of the child's parent; (2) a child employed in occasional work performed outside school hours where the work is in connection with the employer's home but not in connection with the employer's business, trade, or profession; nor (3) a child under 16 years of age employed by the child's parent in an occupation other than manufacturing (Sec. 40.1-79.01(A), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Nothing in Virginia's child labor law, except the hazardous/prohibited occupation provisions of Secs. 40.1-100.1, 40.1-100.2, and 40.1-103, may be construed to apply to a child employed by the child's parent or a person standing in place of the child's parent on farms, in orchards or in gardens owned or operated by such parent or person (Sec. 40.1-79.01(B), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Volunteers
Except for the hazardous/prohibited employment provisions described below, Virginia's child labor law does not apply to a child participating in the activities of a volunteer rescue squad (Sec. 40.1-79.01(A), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
Additionally, any county, city or town may authorize by ordinance any person residing anywhere in the state, 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, (1) to seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs; and (2) to work with or participate fully in all 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 (Sec. 40.1-79.1(A), as amended by Ch. 151 (H. 1703), L. 2004).
Children aged 16 years or older may participate in all activities of a volunteer fire company; however, any such child shall not enter a burning structure or a structure which contains burning materials prior to obtaining certification under National Fire Protection Association 1001, level one, firefighter standards, pursuant to the provisions of item (1) just above, except where entry into a structure that contains burning materials is during training necessary to attain certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs (Sec. 40.1-100(D), as amended by Ch. 151 (H. 1703), L. 2004).
Referees
Except for the hazardous/prohibited employment provisions described in below, Virginia's child labor law does not apply to 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 U.S. Olympic Committee (Sec. 40.1-79.01(A), as amended by Ch. 380 (S. 989), L. 2002, effective July 1, 2003).
WHAT THE EMPLOYER MUST DO
Generally, Virginia employers may employ minors in nonhazardous occupations if certain hours restrictions are complied with and an employment certificate is obtained, if required.
Prohibited employment
No child under 14 years of age may be employed, permitted or suffered to work in, about or in connection with any gainful occupation, except as specified in Virginia's child labor law (Sec. 40.1-78(A)).
No child under 16 years of age may be employed, permitted or suffered to work in, about or in connection with any gainful occupation during school hours, unless the child has reached the age of 14, is enrolled in a regular school work-training program, and a work-training certificate has been issued for the child's employment (Sec. 40.1-78(B)).
Hazardous occupations generally.- No child under 18 years of age may be employed, permitted or suffered to work (Sec. 40.1-100(A), as amended by Ch. 218 (H. 2495), L. 2009; 16 VAC 15-30):
In any mine, quarry, tunnel, underground scaffolding work; in or about any plant or establishment manufacturing or storing explosives or articles containing explosive components; in any occupation involving exposure to radioactive substances or to ionizing radiations, including X-ray equipment;
At operating or assisting to operate any grinding, abrasive, polishing or buffing machine, any power-driven metal forming, punching or shearing machine, power-driven bakery machine, power-driven paper products machine, any circular saw, band saw or guillotine shear, or any power-driven woodworking machine;
In oiling or assisting in oiling, wiping and cleaning any such machinery;
In any capacity in preparing any composition in which dangerous or poisonous chemicals are used;
In any capacity in the manufacturing of paints, colors, white lead, or brick tile or kindred products, or in any place where goods of alcoholic content are manufactured, bottled, or sold for consumption on the premises, except in places (a) licensed pursuant to Sec. 4.1-207(5), provided that a child employed at the premises shall not serve or dispense in any manner alcoholic beverages or (b) where the sale of alcoholic beverages is merely incidental to the main business actually conducted, or to deliver alcoholic goods;
In any capacity in or about excavation, demolition, roofing, wrecking or shipbreaking operations;
As a driver or a helper on a truck or commercial vehicle of more than two axles; Effective July 1, 2009, As a driver or helper on an automobile, truck, or commercial vehicle, except that a child who is at least 17 years old may drive automobiles or trucks on public roadways if certain criteria are satisfied;
In logging or sawmilling, or in any lath mill, shingle mill or cooperage-stock mill, or in any occupation involving slaughtering, meatpacking, processing or rendering;
In any occupation determined and declared hazardous by rules and regulations issued by the Commissioner of Labor and Industry, except as otherwise provided in Sec. 40.1-100(D).
The Virginia Administrative Code also declares occupations involving power-driven hoisting apparatus and firefighting to be hazardous (16 VAC 15-30-20).
Except as part of a regular work-training program in accordance with Secs. 40.1-88 and 40.1-89, no child under 16 years of age may be employed, permitted or suffered to work (Sec. 40.1-100(B), as amended by Ch. 151 (H. 1703), L. 2004; 16 VAC 15-30):
In any manufacturing or mechanical establishment, in any commercial cannery; in the operation of any automatic passenger or freight elevator; in any dance studio; or in any hospital, nursing home, clinic, or other establishment providing care for resident patients as a laboratory helper, therapist, orderly, or nurse's aide; in the service of any veterinarian while treating farm animals or horses; in any warehouse; in processing work in any laundry or dry cleaning establishment; in any undertaking establishment or funeral home; in any curb service restaurant, in hotel and motel room service; in any brick, coal or lumber yard or ice plant or in ushering in theaters. (Children 14 years of age or more may be engaged in office work of a clerical nature in bona fide office rooms in the above types of establishments.)
In any scaffolding work or construction trade; or in any outdoor theater, cabaret, carnival, fair, floor show, pool hall, club, or roadhouse; or as a lifeguard at a beach.
No person may employ, suffer, or permit a child to work in any gainful occupation that exposes the child to a recognized hazard capable of causing serious physical harm or death to the child (Sec. 40.1-100.1).
Fourteen-and fifteen-year-old minors may not be employed in any occupation declared hazardous for 16-and 17-year-old minors, and may not be employed in the solicitation, sale, or obtaining of subscription contracts or orders for books, magazines, or other periodical publications other than newspapers (16 VAC 15-30).
Additionally, 14-and 15-year-olds may not be employed in (16 VAC 15-30):
processing occupations such as filleting of fish, dressing poultry, or cracking nuts (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted therein in accordance with the regulations).
occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed (except to the extent expressly permitted in retail, food service, or gasoline service establishments in accordance with the regulations).
operation or tending of hoisting apparatus or of any power-driven machinery (other than office machines and machines in retail, food service, and gasoline service establishments that are specified in the regulations as machines that such minors may operate in such establishments).
any occupation found and declared hazardous by rule, regulation, or by Sec. 40.1-100, Code of Virginia (see above).
except for office or sales work, occupations in connection with: (a) transportation of persons or property by rail, highway, air, on water, pipeline, or other means; (b) warehousing and storage; (c) communications and public utilities.
any of the following occupations in a retail, food service, or gasoline service establishment: (a) work performed in or about boiler or engine rooms; (b) work in connection with maintenance or repair of the establishment, machines, or equipment; (c) outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes; (d) cooking and baking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters); (e) occupations that involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers; (f) work in freezers and meat coolers and all work in preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing, and stocking when performed in other areas); (g) loading and unloading goods to and from trucks, railroad cars, or conveyors; (h) all occupations in warehouses except office and clerical work.
Hazardous occupations in agriculture.- No employer may employ, suffer, or permit a minor under 16 years of age to work in any of the following hazardous occupations, except as provided in 16 VAC 15-50-30 (below) (16 VAC 15-50-20):
Operating a tractor of over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor.
Operating or assisting to operate any of the following machines: (a) corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner; (b) feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or (c) power post-hole digger, power post driver, or nonwalking type rotary tiller.
Operating or assisting to operate any of the following machines: (a) earthmoving equipment; (b) fork lift; (c) potato combine; or (d) chain saw.
Working on a farm in a yard, pen, or stall occupied by: (a) a bull, boar, or stud horse maintained for breeding purposes; or (b) a sow with suckling pigs, or cow with newborn calf.
Working from a ladder at a height of over 20 feet for purposes such as pruning trees, picking fruit, etc.
Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper.
Working inside: (a) a fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere; (b) an upright silo within two weeks after silage has been added or when a top unloading device is in operating position; (c) a manure pit; or (d) a horizontal silo while operating a tractor for packing purposes.
Handling or applying agricultural chemicals classified under the Federal Insecticide, Fungicide, and Rodenticide Act as Category I of toxicity, identified by the word “poison” and the “skull and crossbones” on the label; or Category II of toxicity, identified by the word “warning” on the label.
Handling or using a blasting agent.
Transporting, transferring, or applying anhydrous ammonia.
The restrictions on hazardous occupations on farms, in gardens and in orchards set forth in 16 VAC 15-50-20 (above), do not apply to the employment of a child below the age of 16 by the child's parent or by a person standing in the place of the child's parent on a farm owned or operated by such parent or person (16 VAC 15-50-30).
Minors 14 years and 15 years of age are exempted from the occupations listed in items (1)-(5) of 16 VAC 15-50-20 (above) when each of the following requirements are met (16 VAC 15-50-30(C)):
A student-learner is enrolled in a vocational education training program in agriculture under a recognized state or local educational authority, or in a substantially similar program conducted by a private school;
Such student-learner is employed under a written agreement which provides that: (a) the work of the student-learner is incidental to the training; (b) such work will be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person; (c) safety instruction will be given by the school and correlated by the employer with on-the-job training; and (d) a schedule of organized and progressive work processes to be performed on the job have been prepared;
Such written agreement contains the name of the student-learner, and is signed by the employer and by a person authorized to represent the educational authority or school; and
Copies of each such agreement are kept on file by both the educational authority or school and by the employer.
There are also exemptions to the hazardous occupations provisions of 16 VAC 15-50-20 (above) where minors have completed certain training programs (16 VAC 15-50-30).
Employment involving sexually explicit visual material. - A person under 18 years of age may not perform in or be a subject of sexually explicit visual material (Sec. 40.1-100.2).
Cruelty and injuries to children.- It is unlawful for any person employing a child willfully or negligently to cause or permit the life of the child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit the child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit the child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated (Sec. 40.1-103).
Street or public place occupations/solicitation.- It is unlawful for any person, firm or corporation, except a nonprofit organization, to engage in or to employ any person for, or suffer or permit any person in its employment to work in any trade in any street or public place, including, but not limited to candy sales, solicitation, sale, or obtaining of subscription contracts or orders for books, magazines or other periodical publications other than newspapers without obtaining from the Commissioner of Labor and Industry a permit to conduct such business (Sec. 40.1-112(A)).
Permitted employment-specific occupations
Effective July 1, 2009, Children who are at least 17 years of age may be employed as drivers of automobiles or trucks on public roadways if the following criteria is satisfied (Sec. 40.1-100(a)7., as amended by Ch. 218 (H. 2495), L. 2009):
The automobile or truck does not exceed 6,000 pounds gross vehicle weight, the vehicle is equipped with seat belts for the driver and any passengers, and the employer requires the employee to use the seatbelts when driving the vehicle.
Driving is restricted to daylight hours.
The employee has a valid state license for the type of driving involved and has no record of any moving violations at the time of hire.
The employee has successfully completed a state-approved driver education course.
The driving does not involve (a) the towing of vehicles, (b) route deliveries or route sales, (c) the transportation for hire of property, goods, or passengers, (d) urgent, time-sensitive deliveries, or (e) the transporting at any time of more than three passengers, including the employees of the employer.
The driving performed by the employee does not involve more than two trips away from the primary place of employment in any single day for the purpose of delivering goods of the employee's employer to a customer.
The driving performed by the employee does not involve more than two trips away from the primary place of employment in any single day for the purpose of transporting passengers, other than employees of the employer.
The driving takes place within a 30-mile radius of the employee's place of employment.
The driving is only occasional and incidental to the employee's employment and involves no more than one third of the employee's work time in any workday and no more than 20 percent work time in any work week.
Children 14 years of age or more may be employed by dry cleaning or laundry establishments in branch stores where no processing is done on the premises, and in hospitals, nursing homes, and clinics where they may be engaged in kitchen work, tray service or room and hall cleaning. Children 14 years of age or more may be employed in bowling alleys completely equipped with automatic pin setters, but not in or about such machines, and in soda fountains, restaurants and hotel and motel food service departments. Children 14 years of age or more may work as gatekeepers and in concessions at swimming pools and may be employed by concessionaires operating on beaches where their duties and work pertain to the handling and distribution of beach chairs, umbrellas, floats and other similar or related beach equipment (Sec. 40.1-100(C), as amended by Ch. 151 (H. 1703), L. 2004).
Fourteen-and fifteen-year-old minors may be employed in the following (16 VAC 15-30):
Office and clerical work (including operation of office machines).
Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping.
Price marking and tagging by hand or by machine, assembling orders, packing, and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Clean-up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters.
Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders.
Work in connection with cars and trucks if confined to the following: dispensing gasoline and oil; courtesy service on premises of gasoline service station; car cleaning, hand washing, and polishing; and sales and clerical work. The following work is not allowed: work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.
Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers.
The following occupations are permissible for 12-and 13-year-olds (16 VAC 15-30):
Bootblacks, caddies, selling newspapers, magazines, periodicals or circulars, running errands or delivering parcels or messages where none of the duties are to be performed inside any commercial establishment and are under the direction and supervision of an employer.
Distributing newspapers on regularly established routes.
Farms, gardens and orchards.
Domestic duties in and around private homes.
On school playgrounds or playgrounds operated by the state, city, county or by a corporation the property of which is tax exempt.
For one day or less in connection with their studies at any public or accredited private school.
Employment by their parents in any occupation other than manufacturing, or mining, or an occupation declared hazardous by the Commissioner of Labor and Industry.
Agricultural labor.- Notwithstanding any other provision of Virginia's child labor law, children aged 16 years or older employed on farms, in gardens or in orchards may operate, assist in operating, or otherwise perform work involving a truck, excluding a tractor trailer, or farm vehicle, in their employment. Also, children aged 14 years or older employed on farms, in gardens or in orchards may perform work as a helper on a truck or commercial vehicle in their employment, while engaged in such work exclusively on a farm, in a garden or in an orchard (Sec. 40.1-100(D), as amended by Ch. 151 (H. 1703), L. 2004).
Newspaper carriers.- Notwithstanding the other provisions of Virginia's child labor law, any child between 12 and 16 years of age may daily engage in the occupation of distributing newspapers on regularly established routes between the hours of 4:00 a.m. and 7:00 p.m., excluding the time public schools are actually in session (Sec. 40.1-109).
Entertainment industry.- Notwithstanding the hazardous/prohibited occupations provisions of Secs. 40.1-100 and 40.1-100.1, a child under 16 years of age, whether a resident or nonresident of Virginia, 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 the performance is to be held in Virginia secures a permit from the Commissioner of Labor and Industry. No such permit is 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 (Sec. 40.1-101).
Hours of work
Except as provided in Secs. 40.1-79.01 (see EXCEPTIONS, above), 40.1-88, 40.1-102, and 40.1-109 (see “Newspaper carriers” below), no child under 16 years of age may 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 of Labor and Industry determines by regulation to be detrimental to the lives, health, safety or welfare of children (see below) (Sec. 40.1-80.1(A)).
No minor under 16 years of age may be employed, suffered, or permitted to work in any nonagricultural occupation (16 VAC 15-40-30(A)):
During school hours;
More than 40 hours in any one week when school is not in session;
More than 18 hours in any one week when school is in session;
More than eight hours in any one day when school is not in session;
More than three hours in any one day when school is in session; or
Before 7:00 a.m. or after 7:00 p.m., except that from June 1 through Labor Day, such a minor may work until 9:00 p.m.
Newspaper carriers.- Notwithstanding the other provisions of Virginia's child labor law, any child between 12 and 16 years of age may daily engage in the occupation of distributing newspapers on regularly established routes between the hours of 4:00 a.m. and 7:00 p.m., excluding the time public schools are actually in session (Sec. 40.1-109).
Agricultural labor.- No minor under 16 years of age may be employed, permitted or suffered to work in any occupation on farms, in gardens or in orchards during the hours that school is in session, except for a minor employed by his or her parent or a person standing in place of his or her parent on farms, in gardens or in orchards owned or operated by such parent or person (16 VAC 15-40-40(A) and (B)).
Exceptions.- The following provisions (from the Virginia Administrative Code) do not apply whenever the Code of Virginia exempts a minor from hours-of-work limitations or provides different hours of work (see Code of Virginia provisions above) (16 VAC 15-40-50, as amended effective June 22, 2000).
Minors employed in the following situations are exempt from hours-of-work limitations contained in 16 VAC 15-40-30 and 16 VAC 15-40-40 (16 VAC 15-40-50, as amended effective June 22, 2000):
A minor under 16 years of age may be employed by the minor's parent, or a person standing in place of the minor's parent, in a business owned by such parent or person, except in manufacturing.
A page or clerk for either the House of Delegates or the Senate of Virginia.
Domestic duties in and around a minor's own home when duties are performed directly for the minor's parent or other person standing in place of the parent.
Work performed for the state or any of its agencies, institutions, or political subdivisions, or any public body.
Theatrical performers, provided a theatrical permit is obtained from the Department of Labor and Industry.
Activities performed for a volunteer rescue squad.
A minor 14 or 15 years old employed to perform sports-attending services at professional sporting events (baseball, basketball, football, soccer, tennis, etc.).
A child 13 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.
Minors engaged in occasional work performed around the home of the employer (not in connection with the employer's trade, business, or profession) may not work during school hours, but are otherwise exempt from the hours-of-work limitations contained in 16 VAC 15-40-30 (16 VAC 15-40-50, as amended effective June 22, 2000).
Minors 14 years and 15 years of age enrolled in a regular school work-training program in accordance with Secs. 40.1-88 and 40.1-89 of the Code of Virginia may work during school hours as part of this program, but are otherwise subject to the hours-of-work limitations contained in 16 VAC 15-40-30 and 16 VAC 15-40-40 above (16 VAC 15-40-50, as amended effective June 22, 2000).
Minors at least 12 years of age may deliver newspapers as early as 4:00 a.m., but are otherwise subject to the hours-of-work limitations contained in 16 VAC 15-40-30 (16 VAC 15-40-50, as amended effective June 22, 2000).
Employment certificates
No child under 16 years of age may 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 Secs. 40.1-79.01 (see EXCEPTIONS, above), 40.1-101, and 40.1-102, unless the employer procures and keeps on file for the child an employment certificate. The certificate must be accessible to any school attendance officer, representative of the Department of Labor and Industry or other authorized persons charged with the enforcement of Virginia's child labor law (Sec. 40.1-84).
There are two kinds of employment certificates: work-training certificates and vacation or part-time employment certificates (Sec. 40.1-85).
A vacation or part-time employment certificate permits the employment of a child between 14 and 16 years of age only during school vacation periods or on days when school is not in session, or outside school hours on school days (Sec. 40.1-87).
A work-training certificate permits the employment of a child between 14 and 16 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 Sec. 40.1-89 (see below) (Sec. 40.1-88).
No child may be employed pursuant to a work-training certificate where the employment requires the child to work in any occupation that is deemed hazardous under Sec. 40.1-100(A) or regulations issued under that section. However, a child 16 or 17 years of age may be employed in certain such occupations as part of a work-training program in accordance with rules and regulations issued by the Commissioner of Labor and Industry. No child may work in a work-training program except pursuant to a written agreement which provides: (1) that the work of the child will be incidental to the child's training, will be intermittent and for short periods of time and will be under the direct and close supervision of a competent and experienced person; (2) that safety instruction will 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 will have been prepared. The agreement must set forth the name of the child so employed and must be signed by the employer and the coordinator of schools having jurisdiction. Copies of the agreement must be retained by the school and the employer, and a copy must be filed with the Department of Labor and Industry (Sec. 40.1-89).
Any such work-training certificate or written agreement may be revoked at any time that it appears that reasonable safety precautions have not been observed (Sec. 40.1-89).
Employment certificates are issued only by school officials, and only upon application in person of the child desiring employment, accompanied by the parent, guardian or custodian of the child. In lieu of a personal appearance, the parent, guardian, or custodian may submit a notarized statement granting permission for the employment of the child (Sec. 40.1-92).
Except for work coming within one of the exceptions in Sec. 40.1-79.01), the person authorized to issue an employment certificate will not issue the certificate until he or she receives proof of age and a statement signed by the prospective employer, or someone duly authorized on the employer's behalf, stating that it expects to give the child present employment, setting forth the specific nature of the occupation, and the number of hours per day and of days per week that the child will be employed and of the period for lunch (Sec. 40.1-93).
The employment certificate must state the name, sex, date of birth and place of residence of the child. It must certify that all the conditions and requirements for issuing an employment certificate under Virginia's child labor law have been fulfilled, and must be signed by the person issuing it. It must state the kind of evidence of age accepted for the employment certificate. Except for work coming within one of the exceptions in Sec. 40.1-79.01, the certificate must 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 is valid only for the occupation so designated. It must bear a number, show the date of its issue, and be signed by the child for whom it is issued in the presence of the issuer (Sec. 40.1-96).
Entertainment industry.- Notwithstanding the hazardous/prohibited occupations provisions of Secs. 40.1-100 and 40.1-100.1, a child under 16 years of age, whether a resident or nonresident of Virginia, 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 the performance is to be held in Virginia secures a permit from the Commissioner of Labor and Industry. No such permit is 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 (Sec. 40.1-101).
No permit will be issued unless the Commissioner of Labor and Industry is satisfied that the environment in which the drama, play, performance, concert or entertainment is to be produced is proper for the child and that the conditions of employment are not detrimental to the health or morals of the child and that the child's education will not be neglected or hampered by the employment. Applications for permits and every permit granted must 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. Applications must also specify the name of the drama, play, performance, concert or entertainment in which each child is permitted to participate. The application must be filed with the commissioner not less than five days before the date of such drama, play, performance, concert or entertainment. A permit is revocable by the commissioner should it be found that the environment is not proper for the child and that the conditions of employment are detrimental to the health or morals of the child (Sec. 40.1-102).
Street or public place occupations/solicitation.- It is unlawful for any person, firm or corporation, except a nonprofit organization, to engage in or to employ any person for, or suffer or permit any person in its employment to work in any trade in any street or public place, including, but not limited to candy sales, solicitation, sale, or obtaining of subscription contracts or orders for books, magazines or other periodical publications other than newspapers without obtaining from the Commissioner of Labor and Industry a permit to conduct such business (Sec. 40.1-112(A)).
Such permits are valid from the date of issuance until June 30 next following date of issuance. Applications may be made not more than 30 days prior to the requested date of issuance on forms furnished by the commissioner, and the applicant must supply such information as is required concerning its place or places of business, the prospective number of its employees, and the proposed hours of work and rate of compensation for such employees. A separate permit is required for each place of business or location at which the applicant operates within Virginia (Sec. 40.1-112(B)).
Each permittee must 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 must be available for inspection by the commissioner or a representative designated by the commissioner during business hours (Sec. 40.1-112(C)).
Age certificates
An age certificate will be issued, upon request of the employer or the worker, for a person 16 years of age or over. It will be issued by the person authorized to issue employment certificates (a school official) upon presentation of the same evidence of age as required for an employment certificate. The age certificate must show the person's name and address, date of birth and signature, the signature of the person issuing the certificate and the evidence accepted as proof of age (Sec. 40.1-104).
Meal and rest periods
No child may be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes is deemed to interrupt a continuous period of work (Sec. 40.1-80.1(B); 16 VAC 15-40-30(B) and 16 VAC 15-40-40(C)).
NOTICE
The determination by the Commissioner of Labor and Industry to impose a civil penalty on an employer who violates Virginia's child labor law is final, unless within 15 days after receipt of notice of the penalty, the person charged with the violation notifies the commissioner by certified mail that it intends to contest the proposed penalty before the appropriate general district court (Sec. 40.1-113(A)).
DEADLINES
Work permits
Entertainment industry.- Applications for theatrical work permits for minors must be filed with the Commissioner of Labor and Industry not less than five days before the date of the drama, play, performance, concert or entertainment (Sec. 40.1-102).
ENFORCEMENT
The Commissioner of Labor and Industry, with the assistance of state and local law-enforcement officers, enforces Virginia's child labor law and has authority to appoint such representatives as may be necessary to secure the enforcement of the law (Sec. 40.1-114).
WHO TO CONTACT
Contact the Commissioner of Labor and Industry at Powers-Taylor Building, 13 S. Thirteenth Street, Richmond, VA 23219. Telephone: (804) 786-2377. Fax: (804) 371-6524. TDD: (804) 786-2376.
RECORDKEEPING
Time records
Every employer employing minors under 16 years of age must keep a time book or time cards or other appropriate records for such minor employees that 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 12 months for each such minor employee must be kept on the premises for a period of 36 months from the date of the latest work period recorded for the minor employee involved (Sec. 40.1-81.1).
Employment certificates
With limited exceptions, employers of children under 16 must keep employment certificates on file for those children. The certificates must be accessible to any school attendance officer, representative of the Department of Labor and Industry or other authorized persons charged with the enforcement of Virginia's child labor law (Sec. 40.1-84).
Agricultural labor
Every employer (other than parents or guardians standing in the place of parents employing their own child or a child in their custody) who employs in agriculture any minor under 16 years of age on days when school is in session or on any day if the minor is employed in a hazardous occupation, must maintain and preserve records containing the following data with respect to each and every such minor so employed (16 VAC 15-50-40):
name in full.
place where minor lives while employed. If the minor's permanent address is elsewhere, give both addresses.
date of birth.
Street or public place occupations
Each street or public place occupation permittee must maintain such records as may be prescribed by the Commissioner of Labor and Industry 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 must be available for inspection by the commissioner or a representative designated by the commissioner during business hours (Sec. 40.1-112(C)).
Student-learner agreements
Employers must keep copies of student-learner agreements on file (16 VAC 15-50-30(C)).
Work-training programs
Employers must keep copies of work-training program agreements on file (Sec. 40.1-89).
PENALTIES
Criminal penalties
Employment involving sexually explicit visual material. - A person who employs, permits or suffers a person under 18 to perform in or be a subject of sexually explicit visual material is guilty of a Class 6 felony (Sec. 40.1-100.2).
Cruelty and injuries to children.- An employer of a child will be guilty of a Class 6 felony if it willfully or negligently causes or permits the life of the child to be endangered or the health of the child to be injured, or willfully or negligently causes or permits the child to be placed in a situation that endangers the child's life, health or morals, or causes or permits the child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated (Sec. 40.1-103).
Street or public place occupations/solicitation.- Any person violating the provisions of Virginia's child labor law dealing with street or public place occupations/solicitation will be guilty of a Class 1 misdemeanor for each such violation. Also, such a violation by a permittee or with a permittee's knowledge and consent is grounds for revocation of the permit (Sec. 40.1-112(F)).
Civil penalties
Whoever employs, procures, or, having under its control, permits a child to be employed, or issues an employment certificate, in violation of any of the provisions of Virginia's child labor law other than Secs. 40.1-100.2 (employment involving sexually explicit visual material, 40.1-103 (cruelty and injuries to children) and 40.1-112 (solicitation), is subject to a civil penalty that (1) 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 (2) shall not exceed $1,000 for each other violation. The determination by the Commissioner of Labor and Industry is final, unless within 15 days after receipt of notice of the penalty, the person charged with the violation notifies the commissioner by certified mail that it intends to contest the proposed penalty before the appropriate general district court (Sec. 40.1-113(A), as amended by Ch. 667 (H. 2783), L. 2006, enacted March 20, 2007).
Any person employing a child in any gainful occupation that exposes the child to a recognized hazard capable of causing serious physical harm or death to the child will be subject to a civil monetary penalty in accordance with Sec. 40.1-113(A) above (Sec. 40.1-100.1).
<p>Any person employing a child in any gainful occupation that exposes the child to a recognized hazard capable of causing serious physical harm or death to the ch</p>