Legislature(2001 - 2002)
05/01/2002 04:44 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 128(L&C)(efd add)
"An Act relating to the required approval of the commissioner
of labor and workforce development for the employment of
certain minors; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
BILL CHURCH, Staff to Representative Scott Ogan, informed the
Committee that the Work Permit for Minors regulations established
by the Department of Labor and Workforce Development incurs a
hardship for some businesses in the State such as farmers needing
to hire minors on short-notice to harvest crops. He stated that
this legislation introduces changes to streamline the current work
permit procedure by allowing the Department to pre-approve job
duties.
Mr. Church explained that currently an employer must submit a
signed parental consent form to the Department of Labor and
Workforce Development before a minor could begin work; however,
this bill would allow an employer to hire a minor who is at least
14 years of age for a pre-approved job and submit the signed
parental consent work permit document to the Department within
seven days after the minor begins employment. He stated this
process "would satisfy the protection of minors" as well as the
needs of the employers who need workers "right away."
Mr. Church stated that while Representative Ogan worked with the
Department to "craft" this bill, it was learned that the fishing
industry and fast food restaurants also support changes to the
current hiring procedures for minors.
Senator Ward asked for further information about the parental
consent form.
Mr. Church responded that if a job has received pre-certification
from the Department, the signed parental consent form could be
received at the Department within seven days after the minor begins
employment. He reiterated that part of the permitting process is to
guarantee the safety of the minor, and the Department must review
and approve the job description to ensure that the job is an
acceptable one for a fourteen year old to perform.
Senator Ward voiced that the bill proposes to allow a minor to
begin employment at, for instance a video store, if the position
had been pre-approved, and the signed parental consent form could
be submitted to the Department within seven days of the employment
date.
Mr. Church concurred, reiterating that the job had to have been
pre-approved.
Senator Ward asked what the employer's "liability" would be in a
situation where a minor had begun to work, but the parents refused
to sign the necessary parental consent form.
Mr. Church responded that there is no liability for up to seven
days on the part of the employer if the minor worked in a position
that had been pre-approved. He stated that if, by the end of the
initial seven days, the signed parental form had not been
submitted, the employer would need to terminate the minor employee.
Senator Ward stated that without the parental authorization, the
employer, according to State law, legally could not reimburse the
minor for work performed in those initial seven days.
REBECCA NANCE GAMEZ, Deputy Commissioner, Department of Labor and
Workforce Development, stated that the Department has not addressed
this concern and would need to verify the ramifications that the
non-receipt of the parental consent form would incur.
Senator Ward reiterated that an employer could not issue payment to
a minor if the parental consent form were not submitted to the
Department; therefore, the minor would not be paid for the time
employed. He stated that in some cases, a minor might start work
and quit after three days, and the parental consent form might
never be submitted for the parent might never know the minor had
been employed. He stated this situation would result in a liability
to the employer.
Mr. Church surmised that it would "seem reasonable," that since the
"approval to hire" has been granted by the Department "that
essentially that minor is eligible to work and to be paid," as this
would be considered a "legal hire." He reminded the Committee that
currently there is no pre-approval process and the signed parental
consent form is required up-front before a minor is allowed to
begin work.
Senator Ward stated that the scenario he described is "very real"
and should be addressed by the Department.
Senator Austerman summarized that the goal of this legislation is
to shorten the length of time it takes to employ a minor.
Ms. Gamez responded that the hiring process would be quicker
because the position would have received prior department approval
and the parental consent period would be expanded to seven days
after employment.
Senator Austerman qualified that current law mandates parents or
legal guardians to submit the signed permission form to the
Department before the minor begins to work.
Ms. Gamez concurred. She stated the proposed legislation would
allow a minor to begin work before the signed parental consent form
is submitted if the position has been pre-approved by the
Department.
Senator Austerman asked for confirmation that a minor could begin
work without a signed parental consent form in place if the
position had been pre-approved by the Department.
Mr. Church confirmed that is correct. He stated that parental
consent would remain a legal requirement in this legislation;
however, the minor would be able to begin work at a pre-approved
job before the form would be required to be submitted to the
Department.
Ms. Gamez opined that this would involve the parent/child
relationship, "and presumably, the parent of a minor child would
know the activities and the work history of the child."
Senator Austerman voiced concern with changing the parental consent
timeline because, he noted, an employer with a pre-approved job
description, could hire a minor for up to seven days, without their
parents knowing about it.
Senator Ward, while voicing support of allowing 14-year-olds to
work, noted that current Department regulations make it a "hassle"
for employers to hire them. He stated his support for the intent of
the bill, however, voiced concern with the parental consent form
language.
Senator Austerman echoed concern about the changes regarding the
parental consent form.
Ms. Gamez announced that the Department would determine what effect
the proposed language would have on compensation due a minor who
worked a few days but for whom a parental consent form was never
received. She stated that the intent of the bill is to allow a more
streamlined hiring procedure for minors, not to supplant parental
involvement.
Senator Austerman stated he could support the bill if the parental
consent language remained as currently required.
Mr. Church reiterated that the intent of the bill is to allow
minors to get into the workforce faster, especially in such
industries as farming and fishing, and not to take away parental
oversight. He stated that "ideally, a minor would take the parental
consent form home," and the next day have it submitted to the
Department. He furthered that the seven-day language was provided
as a "buffer" in the process due to some unforeseen delay in
getting the form signed and submitted.
Mr. Church informed the Committee that currently "some employers do
not go through the work permit process because it is too
cumbersome," and perhaps streamlining the process would encourage
more businesses to hire minors. He speculated that "more good"
would come from this bill "than any difficulties that may arrive."
Senator Ward reiterated that this bill could allow a minor to be
employed for an entire week before it is realized that the parents
have not and would not give their written permission.
Co-Chair Kelly declared this bill would be HELD in Committee until
the bill's drafter clarifies the intent of the language.
AT EASE 5:29 PM/ 5:32 PM
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