CHAPTER 264

An Act to amend and reenact §§ 40-96 and 40-97, as amended, of the
Code of Virginia, relating to the employment of certain children.

[H 595]
Approved April 1, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 40-96 and 40-97, as amended, of the Code of Virginia be
amended and reenacted as follows:

§ 40-96. Employment of children under fourteen and sixteen.—No
child under fourteen years of age shall be employed, permitted or suffered
to work in, about or in connection with any gainful occupation, except
farm work performed outside of school hours with the consent of the
child’s parent or guardian, and except as specified in this chapter.

No child under sixteen years of age shall be employed, permitted or
suffered to work in, about or in connection with any gainful occupation
during school hours, unless he has completed high school, or unless he has
reached the age of fourteen and a provisional employment certificate has
been issued for his employment as provided in § 40-100.5, or unless he has
reached the age of fourteen and is enrolled in a regular school work-train-
ing program and a work-training certificate has been issued for his em-
ployment as provided in § 40-100.4.

Nothing in this or the following section shall be construed as quali-
fying the provisions of §§ 40-109. 40-110 or 40-111.
§ 40-97. Employment of children under eighteen.—Except as pro-
vided in §§ 40-108, 40-111, 40-114 and 40-118, no child under eighteen
years of age shall be employed, permitted or suffered to work in, about or
in connection with any gainful occupation:

(1) More than six days in any one week, except on farms, orchards
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, ap-
proves the application of any such child; provided finally that when the
local superintendent of schools or the person designated by the Super-
intendent 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. *

During the period between June first and September first, children
of fourteen and fifteen years of age may be employed until] * nine-thirty
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.