CHAPTER 504

An Act to amend and reenact § 40-97, as amended, and § 40-119 of the
Code of Virginia, and to amend the Code of Virginia by adding
$8 40-118.1 and 40-118.2, the amended and new sections relating to
the child labor laws and enforcement thereof.

[H 521]
Approved March 31, 1964

Be it enacted by the General Assembly of Wn Se
1. That §§ 40-97, as amended, and 40-119 of Code of Virginia be
amended and reenacted, and that the Code of Virginia be amended by add-
ing §§ 40-118.1 and 40-118. 2 as follows:

§ 40-97. Except as provided in §§ 40-108, 40-111, 40-114 and 40-118,
no child under eighteen years of age shall be employed, permitted or suf-
fered to work in, about or in connection with any gainful occupation :

(1) More than six days in any one week, except on farms, o
or in gardens;

(2) More than forty hours in any one week;

(3) More than eight hours in any one day ; nor

(4) Before the hour of seven o’clock in the ‘morning or after the hour
of six o’clock in the evening, except on farms, in orchards or in gardens;
provided that boys over fifteen years of age may be employed after the
hour of five o’clock in the morning; provided further that boys and girls
fourteen and fifteen years of age may be employed after the hour of seven
o’clock in the morning and may work as late as ten o’clock in the evening
on any day not followed by a school day if the superintendent of schools
of the county or city of residence of such child, or if there is none then a
person designated by the State Superintendent of Public Instruction,
approves the application of any such child; provided finally that when the
local superintendent of schools or the person designated by the Superin-
tendent of Public Instruction permits such work he shall set out his
reasons in full in writing for so doing and send a copy thereof with a
copy of the work permit to the Commissioner of Labor and Industry.

During the period between June first and September first, children of
fourteen and fifteen years of age may be employed until nine o’clock in the
evening, provided that no work day shall exceed eight hours and no work
week shall exceed forty hours.

Boys sixteen and seventeen years of age may be employed until mid-
night, and girls of such age who are enrolled in school may be employed
until ten o’clock in the evening, and girls of such age who are not enrolled
in school may be employed until eleven o’clock in the evening.

No child under eighteen years of age shall be employed or permitted
to work for more than five hours continuously without an interval of at
least thirty minutes for a lunch period, and no period of less than thirty
minutes shall be deemed to interrupt a continuous period of work.

For the purposes of this chapter the word “day” shall be construed to
mean any period of twenty-four consecutive hours. The word “week” shall
be construed to mean any seven consecutive days. Provided, however, that
nothing in this section shall be construed to prohibit an employee from
working shift work after an unbroken rest period of twelve hours.

§ 40-118.1. The Commissioner may establish rules and regulations
permitting any child under the age of eighteen years to be employed in
any gainful occupation, for different employers, where the type of work
is essentially similar, without obtaining more than one certificate of physi-
cal fitness as required by this chapter. For any child qualifying to work
under the provisions of this section, such employment certificates may be
issued upon notification to the Department by the child or any of his
employers.

§ 40-118.2. No employment certificate or certificate of physical fit-
mess shall be required when the employment is one day or less and is
required, or extracurricular work, in connection with the studies of any
child at any public or accredited private school. The school shall furnish
to the Commissioner the names and addresses of the participating child
or children, the type of employment undertaken, the name and address of
the business participating in such activity, the fact that such child or
children have the permission of the parent or legal guardian of such child
or children in writing, and the date of such employment.

§ 40-119. Whoever employs, procures, or, having under his control,
permits a child to be employed, or issues an employment certificate in
violation of any of the provisions of this chapter other than § 40-112, shall
be guilty of a misdemeanor and upon conviction shall be fined not less
than * twenty-five dollars nor more than fifty dollars for the first offense,
not less than twenty-five dollars nor more than one hundred dollars for
the second offense, and not less than fifty dollars nor more than five hun-
dred dollars for any subsequent offense, or in addition to such fine in the
case of such subsequent offense, may be confined in jail not less than thirty
days nor more than ninety days. Any employment contrary to the provi-
sions of this chapter shall be prima facie evidence of guilt both as to
employer and the person having control of the child.