WEST virginia legislature

2022 regular session

Introduced

House Bill 4515

By Delegates Mandt, Queen, D. Kelly, Pack, Criss, Householder, Honaker, Summers, Ferrell, Hanna, and Martin

[Introduced February 02, 2022; Referred to the Committee on Workforce Development then the Judiciary]       

A BILL to amend and reenact §21-6-7 of the Code of West Virginia, as amended, relating to modifying the hours worked by teenagers to help with pandemic staffing shortages.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. child labor.

§21-6-7. Hours and days of labor by minors.

(a) No child under the age of 16 who is employed or permitted to work in accordance with the provisions of this article shall work:

(1) During school hours, except as provided in work experience and career exploration programs approved by the United States Secretary of Labor;

(2) Before seven o’clock antemeridian or after seven o’clock postmeridian: Provided, That a child under the age of 16 may work until nine o'clock postmeridian from June 1 through Labor Day: Provided, however, That the person may be employed between 7 p.m. and 9 p.m. if the person has approval to do so from the person’s parent or legal guardian;

(3) More than three hours per day, on days in which public schools are in session;

(4) More than 18 hours per week, in weeks in which public schools are in session;

(5) More than eight hours, on days in which public schools are not in session;

(6) More than 40 hours per week, in weeks in which public schools are not in session; or

(7) More than five hours continuously without an interval of at least 30 minutes for a lunch period.

(b) The provisions of subsection (a) of this section do not apply to children under 16 performing the jobs set out in section one of this article.

NOTE: The purpose of this bill is to modify the hours that teenagers may work to help with pandemic staffing shortages.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.