04/26/2019 03:15 PM House LABOR & COMMERCE

                    HB 57-CHILD LABOR HOURS                                                                                 
                                                                                                                                
3:35:17 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the next order of  business would be                                                               
HOUSE BILL NO. 57, "An Act  relating to expanding the period in a                                                               
day during  which an  employed child  under 16  years of  age may                                                               
perform  work  in the  summer;  and  providing for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
3:36:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  for HB 57  labeled 31-LS0271\S,  Wayne, 3/27/19,                                                               
as the  working draft.  There  being no objection, Version  S was                                                               
before the committee.                                                                                                           
                                                                                                                                
3:36:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TAMMIE   WILSON,   Alaska   State   Legislature,                                                               
introduced HB 57, as prime  sponsor, and paraphrased parts of the                                                               
sponsor statement [included in the  committee packet], which read                                                               
in its entirety as follows [original punctuation provided]:                                                                     
                                                                                                                                
     In Fairbanks, where  the sun never sets  in the summer,                                                                    
     you  can go  by  the soccer  fields  watching all  ages                                                                    
     enjoy  the sport.  Fairbanks  Youth Soccer  Association                                                                    
     adjusted their entire program  structure to ensure that                                                                    
     games would  be finished by  9:00 pm and thus  no young                                                                    
     employees,  a 14  or  15-year-old,  would be  scheduled                                                                    
     beyond that point. However,  after continued growth, it                                                                    
     has  become  nearly  impossible  to  complete  all  the                                                                    
     league games that are played in one central location.                                                                      
                                                                                                                                
     House Bill  57 would extend  the time of day  from 9:00                                                                    
     pm  to 10:00  pm as  well  as adds  an additional  hour                                                                    
     earlier  in the  day, from  5:00  am to  4:00 am,  that                                                                    
     youth  14 or  15 years  of age  can perform  work, from                                                                    
     June 1st until  the first Monday in  September, if they                                                                    
     are not  enrolled in a  school term. This  expansion of                                                                    
     time does  not alter the  number of  hours in a  day or                                                                    
     week the youth can work,  it simply allows them to work                                                                    
     until 10:00  pm and start  earlier than 5:00  am during                                                                    
     the summer.                                                                                                                
                                                                                                                                
     This  bill   would  only  go   into  effect   once  the                                                                    
     commissioner  of labor  and  workforce development  has                                                                    
     obtained a waiver from  compliance with the requirement                                                                    
     under  29  C.F.R.  570.35(a)  from  the  United  States                                                                    
     Secretary of Labor.                                                                                                        
                                                                                                                                
     This  bill  would not  only  benefit  the referees  but                                                                    
     allow more  children to participate not  just in soccer                                                                    
     but many  other sports.  I ask for  your support  of HB
.                                                                                                                        
                                                                                                                                
3:41:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  asked if references to  federal exemptions                                                               
were deleted because  the current version of the  bill deals with                                                               
state child labor restrictions.                                                                                                 
                                                                                                                                
REPRESENTATIVE WILSON affirmed that.                                                                                            
                                                                                                                                
REPRESENTATIVE  HANNAN  asked  if   the  Department  of  Labor  &                                                               
Workforce  Development  (DLWD)  is  concerned with  the  lack  of                                                               
distinction between labor categories.                                                                                           
                                                                                                                                
3:43:15 PM                                                                                                                    
                                                                                                                                
GREY MITCHELL,  Division of Workers' Compensation,  Department of                                                               
Labor & Workforce Development, stated  that there are no concerns                                                               
from the  department.   He added that  employers are  expected to                                                               
understand that  there are differences between  state and federal                                                               
law.                                                                                                                            
                                                                                                                                
REPRESENTATIVE HANNAN  established a  scenario in which  two kids                                                               
work at a  soccer field, a 14-year-old referee  and a 15-year-old                                                               
working the concession  stand.  She asked if it  would be illegal                                                               
for the  concession stand  worker to work  until 10  p.m. because                                                               
it's a commerce-related position.                                                                                               
                                                                                                                                
MR.  MITCHELL said  it's a  complicated question  and the  answer                                                               
depends on what  they are selling.  He  offered his understanding                                                               
that if  he or she  is selling  locally grown products  with cash                                                               
transactions there would  be no problem, whereas  if the products                                                               
had   traveled   by   interstate  commerce   with   credit   card                                                               
transactions "then they would be covered."                                                                                      
                                                                                                                                
REPRESENTATIVE  HANNAN expressed  concern that  the current  bill                                                               
over-complicates the  issue by allowing  some kids to  work until                                                               
10  p.m. and  not others.   She  noted that  the exemption  being                                                               
sought  is for  a narrow  category of  employers.   She asked  if                                                               
Alaska would be  violating federal law if the  state extended the                                                               
10 p.m. limit to all youth work permits in the summer.                                                                          
                                                                                                                                
MR. MITCHELL  replied that the  state wouldn't necessarily  be in                                                               
violation  of   federal  law  because   states  can   vary  their                                                               
requirements from  the Fair Labor  Act; however, the  employer of                                                               
the minor  could be in violation,  which would put them  in peril                                                               
with federal enforcement agents.                                                                                                
                                                                                                                                
REPRESENTATIVE  HANNAN   said  she   is  concerned   about  small                                                               
businesses  with  a  variety of  15-year-old  employees  in  both                                                               
commerce  and unrelated  positions.   She asked  how it  would be                                                               
possible to allow all of them to work until 10 p.m.                                                                             
                                                                                                                                
MR. MITCHELL  stated that changing  the federal law would  be the                                                               
only way to do that.                                                                                                            
                                                                                                                                
3:47:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  asked how active  the federal regulators  are on                                                               
soccer fields.                                                                                                                  
                                                                                                                                
MR. MITCHELL offered that it's not  a high priority for them.  He                                                               
offered his  understanding that they are  more complaint oriented                                                               
and focused on hazardous occupations.                                                                                           
                                                                                                                                
3:48:32 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that HB 57 was held over.