A00143
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
118
Session of
2025
INTRODUCED BY YOUNG, SANCHEZ, HANBIDGE, GIRAL, HADDOCK, PARKER,
HARKINS, NEILSON, HOWARD, HILL-EVANS, SHUSTERMAN, KENYATTA,
DONAHUE, FRANKEL AND O'MARA, JANUARY 16, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 16, 2025
AN ACT
Amending the act of October 24, 2012 (P.L.1209, No.151),
entitled "An act regulating child labor; conferring powers
and duties on the Department of Labor and Industry and the
Department of Education; imposing penalties; and making a
repeal," further providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11(b) of the act of October 24, 2012
(P.L.1209, No.151), known as the Child Labor Act, is amended to
read:
Section 1. Section 11(b) and (c)(1) of the act of October
24, 2012 (P.L.1209, No.151), known as the Child Labor Act, are
amended to read:
Section 11. Penalties.
* * *
(b) Criminal penalties.--
(1) Except as set forth under paragraph (2), a person
that violates subsection (a) commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of [$500]
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$1,000 for each violation.
(2) A person that, after being sentenced under paragraph
(1), violates subsection (a) commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of
[$1,500] $3,000 for each violation or to imprisonment for not
more than ten days, or both.
* * *
(3) A person that willfully violates subsection (a)
commits a misdemeanor of the second degree if the person knew
or reasonably should have known that the minor is without
proper parental care or control, subsistence, education as
required by law or other care or control necessary for the
minor's physical, mental or emotional health or morals. A
person guilty of an offense under this paragraph shall, upon
conviction, be sentenced to pay a fine of not more than
$5,000 for each violation or to imprisonment for not more
than two years, or both.
(c) Administrative penalties.--
(1) Except as set forth under subsection (d), the
department may impose an administrative penalty [of not more
than $5,000] for each violation of subsection (a)[.] as
follows:
(i) The department may impose an administrative
penalty of not more than $5,000 for:
(A) a willful violation;
(B) a violation which causes bodily injury to a
minor or creates a significant risk of bodily injury
to a minor; or
(C) a violation related to falsification of
records.
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(ii) Except as provided in subparagraph (i), for a
first violation that is a negligent violation, the
department shall issue a warning letter to the employer
detailing the violation and may impose an administrative
penalty of not more than $5,000. The person who receives
the warning letter and the administrative penalty shall
choose to accept either the warning letter or the penalty
of not more than $5,000. The department shall inform the
person who receives the warning letter and the
administrative penalty of the person's choice to accept
the penalty or the warning letter. The department shall
administer the penalty or warning letter as chosen by the
person. The warning letter shall be accompanied by
information about this act and relevant regulations and
an explanation of how the employer will be expected to
cure the violation prospectively. The department may
conduct a compliance audit of an employer that has
received a warning letter under this subparagraph at
least 30 days after issuance of the warning letter. For
the purposes of this subparagraph, all negligent
violations found as the result of a single investigation
shall be considered a first violation, if both of the
following apply:
(A) The employer has not been found in violation
of this act within the previous 10 years.
(B) The investigation did not result in a
violation subject to penalties under subparagraph
(i).
(iii) The department may impose an administrative
penalty of not more than $100 for a negligent violation
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not subject to subparagraph (i) or (ii). The
administrative penalty under this subparagraph for
multiple negligent violations of the same provision of
this act or regulations shall not exceed $500 for each
type of substantially similar negligent violation
resulting from the same investigation.
* * *
Section 2. This act shall take effect in 30 days.
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