Bill Text: HI HB1959 | 2020 | Regular Session | Amended


Bill Title: Relating To The Employment Of A Minor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2020-05-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [HB1959 Detail]

Download: Hawaii-2020-HB1959-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1959

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE EMPLOYMENT OF A MINOR.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 390-2, Hawaii Revised Statutes, is amended to read as follows:

     "§390-2  Employment of minors under eighteen years of age.  (a)  No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section.  In no event, however, shall the minor be permitted to be employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation prohibited by law or which has been declared by rule of the director to be hazardous for the minor.

     (b)  A minor who has attained the age of sixteen years but not eighteen years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; provided that the employer of the minor records and keeps on file the number of a valid certificate of age issued to the minor by the department.

     (c)  A minor who has attained the age of fourteen years but not sixteen years may be employed or permitted to work:

     (1)  During periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

     (2)  If the employer of the minor procures and keeps on file a valid certificate of employment;

     (3)  No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period;

     (4)  Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the minor may be employed between 6:00 a.m. and 9:00 p.m.;

     (5)  No more than six consecutive days;

     (6)  No more than eighteen hours in a calendar week during which the minor is legally required to attend school, and no more than forty hours in a calendar week during which the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

     (7)  No more than three hours on any school day; and

     (8)  No more than eight hours on any nonschool day.

     (d)  A minor under fourteen years of age may be employed or permitted to work [in theatrical employment or] in harvesting of coffee under circumstances and conditions prescribed by the director by rule; provided that:

     (1)  The work is performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

     (2)  [With respect to employment in harvesting of coffee, the]  The director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and

     (3)  The employer of the minor procures and keeps on file a valid certificate of employment.

     (e)  A minor may be employed or permitted to work in theatrical employment under circumstances and conditions prescribed by the director by rule, provided that:

     (1)  The employer of the minor procures and keeps on file a valid certificate of employment;

     (2)  When a minor who is under the age of one year is on set, a nurse certified in basic life support shall accompany, supervise, and advocate on behalf of the infant to ensure employers are compliant with this section.  The nurse shall not be the minor's parent or guardian.  For purposes of this paragraph, "nurse" means a registered nurse or advance practice registered nurse licensed under chapter 457;

     (3)  When a minor who has attained the age of one year but not five years is on set, a parent or guardian shall accompany the minor; and

     (4)  When a minor who has attained the age of five years but not eighteen years is on set, and the minor is required to attend school pursuant to section 302A‑1132, or by the law of the minor's home state:

          (A)  The work shall be performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; and

          (B)  A studio teacher shall accompany and supervise not more than ten minors whenever one or more minors are on set and a variance from the work hour restrictions on allowable theatrical employment is granted by the director, to ensure employers are compliant with this section and applicable rules adopted by the department pursuant to this chapter.  The studio teacher shall not be the minor's parent or guardian.  For purposes of this paragraph, "studio teacher" means a person who is designated by the employer and who holds a valid license issued by the Hawaii teacher standards board or by the equivalent teacher-credentialing agency in the minor's home state."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2050.



Report Title:

Minors; Infant; Employment; Theatrical Employment; Studio Teacher; Nurse

 

Description:

Requires a studio teacher to accompany, supervise, and advocate on behalf of a minor whenever the minor is on set and a variance from the work hour restrictions to allowable theatrical employment is granted, when employed for theatrical purposes.  Requires a nurse to accompany, supervise, and advocate on behalf of an infant whenever the infant is on set.  Defines "studio teacher".  Takes effect 1/1/2050.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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