§ 502. Definitions.

399 words·~2 min read·/de/title-19/chapter-5-child-labor/502

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter, the following words have the meanings indicated:

(1)“Department” or “Department of Labor” means the Department of Labor of the State.

(2)“Employ,” “employed,” or “employment” means to suffer or permit to work, but does not include:

a. Farm work performed on a farm in a nonhazardous occupation;

b. Domestic work performed in or about a private home;

c. Work performed in a business owned by a parent or one legally standing in the place of a parent in a nonhazardous occupation;

d. Work performed by nonpaid volunteers in a charitable or non-profit organization with the written consent of a parent or one legally standing in the place of a parent;

e. Work performed for operations primarily devoted to equine activities with the written consent of a parent or one legally standing in the place of a parent;

f. Caddying on a golf course;

g. Delivery of newspapers to the consumer;

h. Employment of a graduate of an accredited school who is employed in a hazardous occupation in which a course of study has been completed but only to the extent that said hazardous occupation would otherwise be prohibited;

i. Hazardous work performed by nonpaid volunteers of a volunteer fire department or company or volunteer rescue squad who have completed or are taking a course of study relating to firefighting or rescue and who are 14 years of age or older; or

j. Any child over the age of 14 years who may be employed, permitted or suffered to work in any nonhazardous occupation in any facility used for the purpose of canning or preserving, or preparation for canning or preserving, perishable fruits and vegetables.

With respect to paragraphs (2)i. and j. of this section, the burden of proving a child’s age to be 14 years or over shall be on the employer, who shall be required by the Department of Labor to present documentary proof of the child’s age;

(3)“Hazardous occupation” means an occupation declared to be dangerous by this chapter, by the Secretary of Labor of the State or by the Secretary of Labor of the United States pursuant to the provisions of the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]; and

(4)“Minor” means a person under the age of 18 years;

(5)“Secretary” means the Secretary of Labor for the State or the Secretary’s authorized representative.