Senator Karen Kwan proposes the following substitute bill:


1     
PERMITTED OCCUPATIONS FOR MINORS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Kwan

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to employment of minors.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the working hours requirements for minors 16 years old and younger;
13          ▸     amends certain occupations permitted for minors;
14          ▸     amends exemptions for permitted occupations with no specific age limit;
15          ▸     defines terms; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          34-23-103, as last amended by Laws of Utah 1997, Chapter 375
24          34-23-202, as renumbered and amended by Laws of Utah 1990, Chapter 8
25          34-23-204, as last amended by Laws of Utah 1996, Chapter 240
26          34-23-205, as last amended by Laws of Utah 1996, Chapter 240
27          34-23-206, as last amended by Laws of Utah 1996, Chapter 240
28          34-23-207, as last amended by Laws of Utah 1996, Chapter 240
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 34-23-103 is amended to read:
32          34-23-103. Definitions.
33          As used in this chapter:
34          (1) "Calendar week" means a period of any seven consecutive calendar days.
35          [(1)] (2) "Casual work" is employment on an incidental, occasional, or nonregular basis
36     which is not considered full-time or routine.
37          [(2)] (3) "Commission" means the Labor Commission.
38          [(3)] (4) "Division" means the Division of Antidiscrimination and Labor in the
39     commission.
40          (5) "Hazardous agricultural occupation" means any occupation defined as hazardous by
41     the United States Department of Labor under 29 C.F.R. Sec. 570.71, subject to the exception
42     described in 29 C.F.R. Sec. 570.70(b) and the exemptions described in 29 C.F.R. Sec. 570.72.
43          [(4)] (6) "Hazardous occupation" is any occupation defined as hazardous by the United
44     States Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act.
45          [(5) "Minor" is a person under the age of 18 years.]
46          (7) "Labor Day" means the legal holiday called Labor Day established in Section
47     63G-1-301.
48          (8) "Minor" means an individual under 18 years old.
49          (9) "Minor's school district" means the public school district in which a minor resides
50     while the minor is employed.
51          (10) "School day" means any calendar day in which students are required to attend
52     school, including a partial day, in a minor's school district.
53          (11) "School week" means any calendar week in which students are required to attend
54     school, including a partial day, in a minor's school district.
55          Section 2. Section 34-23-202 is amended to read:
56          34-23-202. Employment of minors under 16 during school hours -- Hours of work
57     limited.
58          (1) A minor under [the age of 16] 16 years old may not be employed or permitted to
59     work during school hours except as authorized by the proper school authorities.
60          (2) [A] Except as provided in the exemptions described in 29 U.S.C. Sec. 213 and the
61     exceptions described in 29 C.F.R. Sec. 570.35:
62          (a) a minor under [the age of 16] 16 years old may not be permitted to work:
63          [(a) before or after school in excess of four hours a day;]
64          [(b) before 5:00 a.m. or after 9:30 p.m., unless the next day is not a school day;]
65          [(c) in excess of eight hours in any 24-hour period; or]
66          [(d) more than 40 hours in any week.]
67          (i) more than three hours in one school day;
68          (ii) more than 18 hours in one school week;
69          (iii) more than eight hours in one calendar day;
70          (iv) more than 40 hours in one calendar week; or
71          (v) except as provided in Subsection (2)(b), before 7:00 a.m. or after 7:00 p.m.
72          (b) beginning on June 1 and ending on Labor Day, a minor under 16 years old may
73     work until, but not after, 9:00 p.m.
74          Section 3. Section 34-23-204 is amended to read:
75          34-23-204. Permitted occupations for minors 14 or older.
76          (1) Minors 14 years [of age] old or older may work in a wide variety of nonhazardous
77     occupations including:
78          (a) retail food services;
79          (b) automobile service stations, except for the operation of motor vehicles and the use
80     of hoists;
81          [(c) public messenger service;]
82          [(d)] (c) janitorial and custodial service;
83          [(e)] (d) lawn care;
84          [(f)] (e) the use of approved types of vacuum cleaners, floor polishers, [power] lawn
85     mowers, and sidewalk snow removal equipment; and
86          [(g)] (f) other similar work as approved by the division.
87          (2) Minors 14 years [of age] old or older may also work in nonhazardous areas in
88     manufacturing, warehousing and storage, construction, and other such areas not determined
89     harmful by the division.
90          Section 4. Section 34-23-205 is amended to read:
91          34-23-205. Permitted occupations for minors 12 or older.
92          Minors 12 years [of age] old or older may work in occupations such as:
93          (1) [the sale and delivery of periodicals;] delivery of newspapers to consumers;
94          [(2) door-to-door sale and delivery of merchandise;]
95          [(3)] (2) baby-sitting;
96          [(4)] (3) [nonhazardous] agricultural [work] occupations that are not hazardous
97     agricultural occupations; and
98          [(5)] (4) any other occupation not determined harmful by the division.
99          Section 5. Section 34-23-206 is amended to read:
100          34-23-206. Permitted occupations for minors 10 or older.
101          Minors 10 years [of age] old or older may work in occupations such as:
102          (1) delivery of [handbills, newspapers, advertising, and advertising samples;]
103     newspapers to consumers;
104          [(2) shoe-shining;]
105          [(3) gardening and lawn care involving no power-driven lawn or snow removal
106     equipment;]
107          [(4)] (2) caddying; and
108          [(5)] (3) any occupation not determined harmful by the division.
109          Section 6. Section 34-23-207 is amended to read:
110          34-23-207. Permitted occupations with no specific age limitations or restrictions.
111          With consent of the minor's parent, guardian, or custodian, no specific age limitations
112     or restrictions are imposed and the restrictions described in Section 34-23-202 do not apply for:
113          (1) home chores and other work done for parent or guardian;
114          (2) any casual work not determined harmful by the division;
115          (3) an agricultural [work including the operation of power-driven farm machinery in
116     the production of agricultural products] occupation that is not a hazardous agricultural
117     occupation; [or]
118          (4) acting or performing in:
119          (a) a motion picture;
120          (b) a theatrical production;
121          (c) a performing arts production;
122          (d) a radio broadcast; or
123          (e) a television production; or
124          [(4)] (5) work for which a specific, written authorization has been made by the
125     division.
126          Section 7. Effective date.
127          This bill takes effect on May 1, 2024.