CHAPTER 92
CHILD LABOR

Referred to in §84A.5, §91.4

  92.1  Street occupations — migratory labor.
  1.  No person under ten years of age shall be employed or permitted to work with or without compensation at any time within this state in street occupations of peddling, shoe polishing, the distribution or sale of newspapers, magazines, periodicals or circulars, nor in any other occupations in any street or public place. The labor commissioner shall, when ordered by a judge of the juvenile court, issue a work permit as provided in this chapter to a person under ten years of age.
  2.  No person under twelve years of age shall be employed or permitted to work with or without compensation at any time within this state in connection with migratory labor, except that the labor commissioner may upon sufficient showing by a judge of the juvenile court, issue a work permit as provided in this chapter to a person under twelve years of age.
[SS15, §2477-a1; C24, 27, 31, 35, 39, §1537; C46, 50, 54, 58, 62, 66, §92.12; C71, 73, 75, 77, 79, 81, §92.1]
2001 Acts, ch 24, §27
Referred to in §92.2, §92.3

  92.2  Over ten and under sixteen years of age.
  1.  A person over ten and under sixteen years of age cannot be employed, with or without compensation, in street occupations or migratory labor as defined in section 92.1, unless the person holds a work permit issued pursuant to this chapter. 
  a.  Notwithstanding section 92.7, a person with a permit to engage in migratory labor shall only work between 5:00 a.m. and 7:30 p.m. from Labor Day through June 1, and between 5:00 a.m. and 9:00 p.m. for the remainder of the year.
  b.  Notwithstanding section 92.7, a person with a permit to engage in street occupations shall only work between 4:00 a.m. and 7:30 p.m. when local public schools are in session and between 4:00 a.m. and 8:30 p.m. for the remainder of the year.
  2.  The requirements of section 92.10 shall not apply to a person, firm, or corporation employing a person engaged in street occupations pursuant to this section.
[SS15, §2477-a1, -c, -d; C24, 27, 31, 35, 39, §1527, 1530, 1537, 1538; C46, 50, 54, 58, 62, 66, §92.2, 92.5, 92.12, 92.13; C71, 73, 75, 77, 79, 81, §92.2]
91 Acts, ch 136, §6; 2008 Acts, ch 1032, §201; 2015 Acts, ch 95, §1, 10
Referred to in §92.7, §92.10

  92.3  Under fourteen — permitted occupations.
  No person under fourteen years of age shall be employed or permitted to work with or without compensation in any occupation, except in the street occupations or migratory labor occupations specified in section 92.1. Any migratory laborer twelve to fourteen years of age may not work prior to or during the regular school hours of any day of any private or public school which teaches general education subjects and which is available to such child.
[SS15, §2477-a; C24, 27, 31, 35, 39, §1526; C46, 50, 54, 58, 62, 66, §92.1; C71, 73, 75, 77, 79, 81, §92.3]
2017 Acts, ch 29, §31
Referred to in §92.7
Section amended

  92.4  Under sixteen — permitted occupations.
  No person under sixteen years of age shall be employed or permitted to work with or without compensation in any occupation during regular school hours, except:
  1.  Those persons legally out of school, and such status is verified by the submission of written proof to the labor commissioner.
  2.  Those persons working in a supervised school-work program.
  3.  Those persons between the ages of fourteen and sixteen enrolled in school on a part-time basis and who are required to work as a part of their school training.
  4.  Fourteen- and fifteen-year-old migrant laborers during any hours when summer school is in session.
[C71, 73, 75, 77, 79, 81, §92.4]

  92.5  Fourteen and fifteen — permitted occupations.
  Persons fourteen and fifteen years of age may be employed or permitted to work in the following occupations:
  1.  Retail, food service, and gasoline service establishments.
  2.  Office and clerical work, including operation of office machines.
  3.  Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping.
  4.  Price marking and tagging by hand or by machine, assembling orders, packing, and shelving.
  5.  Bagging and carrying out customers’ orders.
  6.  Errand and delivery work by foot, bicycle, and public transportation.
  7.  Clean-up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds.
  8.  Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, including but not limited to dishwashers, toasters, dumb-waiters, popcorn poppers, milk shake blenders, and coffee grinders.
  9.  a.  Work in connection with motor vehicles and trucks if confined to the following:
  (1)  Dispensing gasoline and oil.
  (2)  Courtesy service.
  (3)  Car cleaning, washing, and polishing.
  b.  Nothing in this subsection shall be construed to include work involving the use of pits, racks, or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.
  10.  Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared, for sale and outside freezers or meat coolers.
  11.  Other work approved by the rules adopted pursuant to chapter 17A by the labor commissioner.
[SS15, §2477-a; C24, 27, 31, 35, 39, §1529; C46, 50, 54, 58, 62, 66, §92.4; C71, 73, 75, 77, 79, 81, §92.5]
86 Acts, ch 1245, §922; 2016 Acts, ch 1011, §15
Referred to in §92.6

  92.6  Fourteen and fifteen — occupations not permitted.
  1.  Persons fourteen and fifteen years of age may not be employed in:
  a.  Any manufacturing occupation.
  b.  Any mining occupation.
  c.  Processing occupations, except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted under the provisions of section 92.5.
  d.  Occupations requiring the performance of any duties in workrooms or work places where goods are manufactured, mined, or otherwise processed, except to the extent expressly permitted in retail, food service, or gasoline service establishments under the provisions of section 92.5.
  e.  Public messenger service.
  f.  Operation or tending of hoisting apparatus or of any power-driven machinery, other than office machines and machines in retail, food service, and gasoline service establishments which are specified in section 92.5 as machines which such minors may operate in such establishments.
  g.  Occupations prohibited by rules adopted pursuant to chapter 17A by the labor commissioner.
  h.  Occupations in connection with the following, except office or sales work in connection with these occupations, not performed on transportation media or at the actual construction site:
  (1)  Transportation of persons or property by rail, highway, air, on water, pipeline, or other means.
  (2)  Warehousing and storage.
  (3)  Communications and public utilities.
  (4)  Construction, including repair.
  i.  Any of the following occupations in a retail, food service, or gasoline service establishment:
  (1)  Work performed in or about boiler or engine rooms.
  (2)  Work in connection with maintenance or repair of the establishment, machines, or equipment.
  (3)  Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes.
  (4)  Cooking except at soda fountains, lunch counters, snack bars, or cafeteria serving counters, and baking.
  (5)  Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers.
  (6)  Work in freezers and meat coolers and all work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing, and stocking when performed in other areas.
  (7)  Loading and unloading goods to and from trucks, railroad cars, or conveyors.
  (8)  All occupations in warehouses except office and clerical work.
  j.  Laundering, except for the use of a washing machine which has a capacity of less than ten cubic feet and which is designed to reach an internal temperature which does not exceed 212 degrees Fahrenheit.
  2.  Nothing in this section shall be construed as prohibiting office, errand, or packaging work when done away from moving machinery.
[SS15, §2477-a, -b, -c; C24, 27, 31, 35, 39, §1526, 1529, 1536, 1539; C46, 50, 54, 58, 62, 66, §92.1, 92.4, 92.11, 92.14; C71, 73, 75, 77, 79, 81, §92.6]
86 Acts, ch 1245, §923; 2008 Acts, ch 1032, §201; 2017 Acts, ch 66, §1
Subsection 1, NEW paragraph j

  92.7  Under sixteen — hours permitted.
  A person under sixteen years of age shall not be employed with or without compensation, except as provided in sections 92.2 and 92.3, before the hour of 7:00 a.m. or after 7:00 p.m., except during the period from June 1 through Labor Day when the hours may be extended to 9:00 p.m. If such person is employed for a period of five hours or more each day, an intermission of not less than thirty minutes shall be given. Such a person shall not be employed for more than eight hours in one day, exclusive of intermission, and shall not be employed for more than forty hours in one week. The hours of work of persons under sixteen years of age employed outside school hours shall not exceed four in one day or twenty-eight in one week while school is in session.
[SS15, §2477 -a1, -c; C24, 27, 31, 35, 39, §1527, 1528, 1538; C46, 50, 54, 58, 62, 66, §92.2, 92.3, 92.13; C71, 73, 75, 77, 79, 81, §92.7]
91 Acts, ch 136, §7
Referred to in §92.2

  92.8  Under eighteen — prohibited occupations.
  No person under eighteen years of age shall be employed or permitted to work with or without compensation at any of the following occupations or business establishments:
  1.  Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components.
  2.  Occupations of motor vehicle driver and helper.
  3.  Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.
  4.  Occupations involved in the operation of power-driven woodworking machines.
  5.  Occupations involving exposure to radioactive substances and to ionizing radiations.
  6.  Occupations involved in the operation of elevators and other power-driven hoisting apparatus.
  7.  Occupations involved in the operation of power-driven metal forming, punching, and shearing machines.
  8.  Occupations in connection with mining.
  9.  Occupations in or about slaughtering and meat packing establishments and rendering plants.
  10.  Occupations involved in the operation of certain power-driven bakery machines.
  11.  Occupations involved in the operation of certain power-driven paper products machines.
  12.  Occupations involved in the manufacture of brick, tile, and related products.
  13.  Occupations involved in the operation of circular saws, band saws, and guillotine shears.
  14.  Occupations involved in wrecking, demolition, and shipbreaking operations.
  15.  Occupations involved in roofing operations.
  16.  Excavation occupations.
  17.  In or about foundries; provided that office, shipping, and assembly area employment shall not be prohibited by this chapter.
  18.  Occupations involving the operation of dry cleaning or dyeing machinery.
  19.  Occupations involving exposure to lead fumes or its compounds, or to dangerous or poisonous dyes or chemicals.
  20.  Occupations involving the transmission, distribution, or delivery of goods or messages between the hours of 10:00 p.m. and 5:00 a.m.
  21.  Occupations prohibited by rules adopted pursuant to chapter 17A by the labor commissioner.
[SS15, §2744-a, -b, -c; C24, 27, 31, 35, 39, §1526, 1529, 1536, 1539; C46, 50, 54, 58, 62, 66, §92.1, 92.4, 92.11, 92.14; C71, 73, 75, 77, 79, 81, §92.8]
86 Acts, ch 1245, §924; 2017 Acts, ch 66, §2
Referred to in §92.9
Subsection 18 amended

  92.9  Instruction and training permitted.
  The provisions of sections 92.8 and 92.10 shall not apply to pupils working under an instructor in a career and technical education department in a school district or under an instructor in a career and technical education classroom or laboratory, or industrial plant, or in a course of career and technical education approved by the state board for career and technical education, or to apprentices provided they are employed under all of the following conditions:
  1.  The apprentice is employed in a craft recognized as an apprenticeable trade.
  2.  The work of the apprentice in the occupations declared particularly hazardous is incidental to the apprentice’s training.
  3.  The work is intermittent and for short periods of time and is under the direct and close supervision of a journeyperson as a necessary part of apprentice training.
  4.  The apprentice is registered by the office of apprenticeship of the United States department of labor as employed in accordance with the standards established by that department.
[C71, 73, 75, 77, 79, 81, §92.9]
97 Acts, ch 26, §3, 4; 2010 Acts, ch 1061, §11; 2016 Acts, ch 1108, §18; 2017 Acts, ch 29, §32
Unnumbered paragraph 1 amended

  92.10  Permit on file.
  1.  Except as provided in section 92.2, a person under sixteen years of age shall not be employed or permitted to work with or without compensation unless the person, firm, or corporation employing such person receives and keeps on file accessible to any officer charged with the enforcement of this chapter, a work permit issued as provided in this chapter, and keeps a complete list of the names and ages of all such persons under sixteen years of age employed.
  2.  Certificates of age shall be issued for persons sixteen and seventeen years of age and for all other persons eighteen and over upon request of the person’s prospective employer.
[SS15, §2477-d; C24, 27, 31, 35, 39, §1530; C46, 50, 54, 58, 62, 66, §92.5; C71, 73, 75, 77, 79, 81, §92.10]
91 Acts, ch 136, §8
Referred to in §92.2, §92.9
Section not amended; unnumbered paragraphs 1 and 2 editorially numbered as subsections 1 and 2

  92.11  Issuance of work permits.
  A work permit, except for migrant laborers, shall be issued only by the labor commissioner upon the application of the parent, guardian, or custodian of the child desiring such permit. The application shall include the following:
  1.  A statement from the person, firm, or corporation into whose service the child under sixteen years of age is about to enter, promising to give such child employment and describing the industry in which the work will be performed.
  2.  Evidence of age showing that the child is fourteen years old, or more, which shall consist of one of the following proofs required in the order herein designated:
  a.  A certified copy of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births.
  b.  A passport or a certified copy of a certificate of baptism showing the date and place of birth and the place of baptism of such child.
  c.  An instruction permit issued under section 321.180B, subsection 1.
  d.  For cases where the proofs designated in paragraphs “a”, “b”, and “c” are not obtainable, documentation issued by the federal government that is deemed by the commissioner to be sufficient evidence of age, or an affidavit signed by a licensed physician certifying that in the physician’s opinion the applicant for the work permit is fourteen years of age or more.
[SS15, §2477-d; C24, 27, 31, 35, 39, §1531; C46, 50, 54, 58, 62, 66, §92.6; C71, 73, 75, 77, 79, 81, §92.11]
86 Acts, ch 1016, §2; 96 Acts, ch 1186, §23; 2009 Acts, ch 49, §2; 2015 Acts, ch 95, §2, 3, 10; 2016 Acts, ch 1096, §1, 2
Referred to in §92.12, §92.15

  92.12  Migrant labor permits.
  1.  Every person, firm, or corporation employing migrant laborers shall obtain and keep on file, accessible to any officer charged with the enforcement of this chapter, a work permit.
  2.  Work permits for migrant workers shall be issued by the labor commissioner upon application of the parent or head of the migrant family. The application shall include documentation of proof of age as described in section 92.11, subsection 2. 
  3.  One copy of the permit issued shall be given to the employer to be kept on file for the length of employment and upon termination of employment shall be returned to the labor commissioner. The blank forms for the application for a work permit for migratory workers and the work permit for migratory workers shall be formulated by the commissioner .
[SS15, §2477-d; C24, 27, 31, 35, 39, §1530, 1531; C46, 50, 54, 58, 62, 66, §92.5, 92.6; C71, 73, 75, 77, 79, 81, §92.12]
96 Acts, ch 1186, §23; 2010 Acts, ch 1015, §8; 2015 Acts, ch 95, §4, 10
Referred to in §92.15

  92.13  Optional refusal of permit.
  The labor commissioner may refuse to grant a permit if, in the commissioner’s judgment, the best interests of the minor would be served by such refusal and the commissioner shall keep a record of such refusals, and the reasons therefor.
[C71, 73, 75, 77, 79, 81, §92.13]
2015 Acts, ch 95, §5, 10

  92.14  Contents of work permit.
  Every work permit shall state the date of issuance, name, sex, the date and place of birth, the residence of the child in whose name it is issued, the proof of age, the school grade completed, the name and location of the establishment where the child is to be employed, the industry, and that the papers required for its issuance have been duly examined, approved, and filed.
[SS15, §2477-d; C24, 27, 31, 35, 39, §1532; C46, 50, 54, 58, 62, 66, §92.7; C71, 73, 75, 77, 79, 81, §92.14]
2015 Acts, ch 95, §6, 10

  92.15  Application to labor commissioner.
  An application for a work permit pursuant to section 92.11 or section 92.12 shall be submitted to the office of the labor commissioner within three days after the child begins work.
[SS15, §2477-d; C24, 27, 31, 35, 39, §1533; C46, 50, 54, 58, 62, 66, §92.8; C71, 73, 75, 77, 79, 81, §92.15]
2015 Acts, ch 95, §7, 10

  92.16  Forms for permits formulated.
  The proper forms for the application for a work permit, the work permit, the certificate of age, and the physician’s certificate shall be formulated by the labor commissioner.
[SS15, §2477-d; C24, 27, 31, 35, 39, §1534; C46, 50, 54, 58, 62, 66, §92.9; C71, 73, 75, 77, 79, 81, §92.16]
86 Acts, ch 1245, §925; 2015 Acts, ch 95, §8, 10

  92.17  Exceptions.
  Nothing in this chapter shall be construed to prohibit:
  1.  A child from working in or around any home before or after school hours or during vacation periods, provided such work is not related to or part of the business, trade, or profession of the employer.
  2.  Work in the production of seed, limited to removal of off-type plants, corn tassels and hand-pollinating during the months of June, July, and August by persons fourteen years of age or over, and part-time work in agriculture, not including migratory labor.
  3.  A child from working in any occupation or business operated by the child’s parents. For the purposes of this subsection, “child” and “parents” include a foster child and the child’s foster parents who are licensed by the department of human services.
  4.  A child under sixteen years of age from being employed or permitted to work, with or without compensation, as a model, for a period of up to three hours in any day between the hours of 7:00 a.m. and 10:00 p.m., not exceeding twelve hours in any month, if the written permission of the parent, guardian or custodian of the child is obtained prior to the commencement of the modeling. However, if the child is of school age this exception allows modeling work only outside of school hours during the regular school year and does not allow modeling work during the summer term if the child is enrolled in summer school. This subsection does not allow modeling for an unlawful purpose or modeling that would violate any other law.
  5.  A juvenile court from ordering a child at least twelve years old to complete a work assignment of value to the state or to the public or to the victim of a crime committed by the child, in accordance with section 232.52, subsection 2, paragraph “a”.
[SS15, §2477-a; C24, 27, 31, 35, 39, §1526; C46, 50, 54, 58, 62, 66, §92.1; C71, 73, 75, 77, 79, 81, §92.17]
83 Acts, ch 96, §157, 159; 84 Acts, ch 1111, §1; 85 Acts, ch 59, §1; 2015 Acts, ch 95, §9, 10

  92.18  Migratory labor — defined.
  As used in this chapter, the term “migratory labor” shall include any person who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment.
[C71, 73, 75, 77, 79, 81, §92.18]
2010 Acts, ch 1061, §12

  92.19  Violations by parent or guardian.
  1.  No parent, guardian, or other person, having under the parent’s, guardian’s, or other person’s control any person under eighteen years of age, shall negligently permit said person to work or be employed in violation of the provisions of this chapter.
  2.  No person shall negligently make, certify to, or cause to be made or certified any statement, certificate, or other paper for the purpose of procuring the employment of any person in violation of this chapter.
  3.  No person shall make, file, execute, or deliver any statement, certificate, or other paper containing false statements for the purpose of procuring employment of any person in violation of this chapter.
  4.  No person, firm, or corporation, or any agent thereof shall negligently conceal or permit a person to be employed in violation of this chapter.
  5.  No person, firm, or corporation shall refuse to allow any authorized persons to inspect the place of business or provide information necessary to the enforcement of this chapter.
[S13, §2477-e; SS15, §2477-a1; C24, 27, 31, 35, 39, §1540; C46, 50, 54, 58, 62, 66, §92.15; C71, 73, 75, 77, 79, 81, §92.19]
2009 Acts, ch 49, §3

  92.20  Penalty.
  1.  The parent, guardian, or person in charge of any migratory worker or of any child who engages in any street occupation in violation of any of the provisions of this chapter shall be guilty of a serious misdemeanor.
  2.  Any person who furnishes or sells to any minor child any article of any description which the person knows or should have known the minor intends to sell in violation of the provisions of this chapter shall be guilty of a serious misdemeanor.
  3.  Any other violation of this chapter for which a penalty is not specifically provided constitutes a serious misdemeanor.
  4.  Every day during which any violation of this chapter continues constitutes a separate and distinct offense, and the employment of any person in violation of this chapter, with respect to each person so employed, constitutes a separate and distinct offense.
[S13, §2477-e; SS15, §2477-a1; C24, 27, 31, 35, 39, §1540; C46, 50, 54, 58, 62, 66, §92.15; C71, 73, 75, 77, 79, 81, §92.20]
2009 Acts, ch 49, §4

  92.21  Rules and orders of labor commissioner.
  1.  The labor commissioner may adopt rules to more specifically define the occupations and equipment permitted or prohibited in this chapter, to determine occupations for which work permits are required, and to issue general and special orders prohibiting or allowing the employment of persons under eighteen years of age in any place of employment defined in this chapter as hazardous to the health, safety, and welfare of the persons.
  2.  The labor commissioner shall adopt rules specifically defining the civil penalty amount to be assessed for violations of this chapter.
[C71, 73, 75, 77, 79, 81, §92.21]
85 Acts, ch 212, §21; 86 Acts, ch 1245, §926; 2009 Acts, ch 49, §5

  92.22  Labor commissioner to enforce — civil penalty — judicial review.
  1.  The labor commissioner shall enforce this chapter. An employer who violates this chapter or the rules adopted pursuant to this chapter is subject to a civil penalty of not more than ten thousand dollars for each violation.
  2.  The commissioner shall notify the employer of a proposed civil penalty by service in the same manner as an original notice or by certified mail. If, within fifteen working days from the receipt of the notice, the employer fails to file a notice of contest in accordance with rules adopted by the commissioner pursuant to chapter 17A, the penalty, as proposed, shall be deemed final agency action for purposes of judicial review.
  3.  The commissioner shall notify the department of revenue upon final agency action regarding the assessment of a penalty against an employer. Interest shall be calculated from the date of final agency action.
  4.  Judicial review of final agency action pursuant to this section may be sought in accordance with the terms of section 17A.19. If no petition for judicial review is filed within sixty days after service of the final agency action of the commissioner, the commissioner’s findings of fact and final agency action shall be conclusive in connection with any petition for enforcement which is filed by the commissioner after the expiration of the sixty-day period. In any such case, the clerk of court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the final agency action and shall transmit a copy of the decree to the commissioner and the employer named in the petition.
  5.  Any penalties recovered pursuant to this section shall be remitted by the commissioner to the treasurer of state for deposit in the general fund of the state.
  6.  Mayors and police officers, sheriffs, school superintendents, and school truant and attendance officers, within their several jurisdictions, shall cooperate in the enforcement of this chapter and furnish the commissioner and the commissioner’s designees with all information coming to their knowledge regarding violations of this chapter. All such officers and any person authorized in writing by a court of record shall have the authority to enter, for the purpose of investigation, any of the establishments and places mentioned in this chapter and to freely question any person therein as to any violations of this chapter.
  7.  County attorneys shall investigate all complaints made to them of violations of this chapter, and prosecute all such cases of violation within their respective counties.
[S13, §2477-f; SS15, §2477-a1, -d; C24, 27, 31, 35, 39, §1535, 1541; C46, 50, 54, 58, 62, 66, §92.10, 92.16; C71, 73, 75, 77, 79, 81, §92.22]
87 Acts, ch 111, §8; 2009 Acts, ch 49, §6
Referred to in §331.653, §331.756(18)

  92.23  Group insurance.
  Anyone under the age of eighteen and subject to this chapter employed in the street occupations who sells or delivers the product or service of another and who is designated in such capacity as an independent contractor shall be provided participation, if the person under the age of eighteen desires it at group rate cost, in group insurance for medical, hospital, nursing, and doctor expenses incurred as a result of injuries sustained arising out of and in the course of selling or delivering such product or service by the person, firm, or corporation whose product or service is so delivered.
[C71, 73, 75, 77, 79, 81, §92.23]
2017 Acts, ch 29, §33
Section amended