CHAPTER 603

An Act to amend and reenact §§ 40-100 as amended, 40-117 and 40-118.8
of the Code of Virginia, relating to child labor, representatives of
the Department of Labor and Industry and the employment of child
labor in the solicitation, sale or obtaining of subscriptions or orders
for certain publications.

[H 6537]

Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 40-100 as amended, 40-117 and 40-118.3 be amended and re-
enacted as follows:

§ 40-100. No child under eighteen years of age shall be employed,
permitted or suffered to work, in, about or in connection with any gainful
occupation with the exception of work on farms, orchards and in gardens,
and except as provided in §§ 40-108 to 40-111 and 40-114, unless the per-
son, firm or corporation employing such child, procures and keeps on file
and accessible to any school attendance officer, * representative of the De-
partment or other authorized person, charged with the enforcement of
ecrliee l the employment certificate as hereinafter provided, issued for
such child. , |

§ 40-117. No boy to whom such badge is issued shall transfer it to
any other person, nor be engaged in any of the trades and occupations
mentioned in § 40-114 without having conspicuously on his person such
badge, and he shall exhibit the same upon demand to any police officer,
school] attendance officer, or to any * representative of the Department or
other person charged with the duty of enforcing the provisions of. this
chapter.

§ 40-118.3. (1) In order to provide for enforcement of the child
labor laws and the protection of employees, it shall be unlawful for any
person, firm or corporation to employ any person for, or suffer or permit
any person in his employment to engage in, solicitation, sale, or obtaining
of subscription contracts or orders for books, magazines or other periodical
publications other than newspapers * without obtaining from the Commis-
sioner * a permit to conduct such business.

(2) Such permits shall be valid from the date of issuance until June
thirty next following date of issuance. Applications may be made not more
than thirty days prior to the requested date of issuance on forms furnished
by the Commissioner * and the applicant shall supply such information as
is required concerning his place or places of business, the prospective num-
ber of his employees, and the proposed hours of work and rate of compen-
sation for such employees. A separate permit shall be required for each
place of business or location at which applicant operates within this State.

(3) Each permittee shall 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 em-
ployee. Such records shall be available for inspection by the Commissioner
or an agent designated by him during business hours.

(4) No girl under the age of eighteen years * shall be employed, pver-
mitted or suffered to work by or for any permittee under this section under
any circumstances or conditions.

(4.1) No boy under the age of eighteen years shall be employed, per-
mitted or suffered to work by or for any permittee unless all the following
conditions are satisfied:

(a) The boy is at least sixteen years of age; and

(b) The permittee has a permanent business address within this
State; and

(c) The boy is not required or permitted to work at any place more
than twenty-five miles distant from the address specified in his employment
certificate and in no case beyond the boundaries of this State; and

(d) The boy works at all times under the immediate supervision of an
adult; and

(e) The boy is not permitted or required to work a greater number of
hours than permitted by § 40-97 of the Code of Virginia. The maximum
hours of employment during each day shall be computed from the time the
employee was required to report for work at the address of the employer
specified in his employment certificate to the time he 1s released from work
at such address or is delivered to his home address; and

(f) No boy shall be required, permitted or directed to make any false
statement representing himself, his employer or products or services in his
employment.

(5) Any person violating any provision or condition of this section
shall be guilty of a misdemeanor and shall be fined not less than fifty dol-
lars nor more than f&iva hnndred dollars or nunished by confinement in snd}
violation of this section by a permittee or with his knowledge and consent

shall in addition be grounds for revocation of the permit.