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House File 647 - IntroducedA Bill ForAn Act 1relating to youth employment and making penalties
2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 92.3, Code 2023, is amended to read as
2follows:
392.3 Under fourteen — work activities not permitted
4occupations.
5No person under fourteen years of age shall be employed
6or permitted to work with or without compensation in any
7occupation, except in the street occupations or migratory
8labor occupations specified in section 92.1 work activity.
9Any migratory laborer twelve to fourteen years of age may not
10work prior to or during the regular school hours of any day of
11any private or public school which teaches general education
12subjects and which is available to such child.
13 Sec. 2. Section 92.4, Code 2023, is amended to read as
14follows:
1592.4 Under sixteen — permitted occupations work activities.
16No person under sixteen years of age shall be employed
17or permitted to work with or without compensation in any
18occupation work activity during regular school hours, except
19the following work activities:
201. Those persons legally out of school, if such status
21is verified by the submission of written proof to the labor
22commissioner.
232. Those persons working in a supervised school-work
24program.
253. Those persons between the ages of fourteen and sixteen
26enrolled in school on a part-time basis and who are required to
27work as a part of their school training.
284. Fourteen- and fifteen-year-old migrant laborers during
29any hours when summer school is in session.
30 Sec. 3. Section 92.5, Code 2023, is amended to read as
31follows:
3292.5 Fourteen and fifteen — permitted occupations work
33activities.
34Persons fourteen and fifteen years of age may be employed or
35permitted to work in the following occupations work activities:
-1- 11. Retail, food service, and gasoline service
2establishments.
32. Office and clerical work, including operation of office
4machines.
53. Cashiering, selling, modeling, art work, work in
6advertising departments, window trimming, and comparative
7shopping.
84. Price marking and tagging by hand or by machine,
9assembling orders, packing, and shelving.
105. Bagging and carrying out customers’ orders.
116. Errand and delivery work by foot, bicycle, and public
12transportation.
137. Cleanup work, including the use of vacuum cleaners and
14floor waxers, and maintenance of grounds.
158. Kitchen work and other work involved in preparing and
16serving food and beverages, including the cleaning using
17kitchen cleaning products with required personal protective
18equipment, operation of machines and devices used in the
19performance of such work, including but not limited to
20microwaves, dishwashers, toasters, dumb-waiters, popcorn
21poppers, milk shake blenders, and coffee grinders.
229. a. Work in connection with motor vehicles and trucks if
23confined to the following:
24(1) Dispensing gasoline and oil.
25(2) Courtesy service.
26(3) Car cleaning, washing, and polishing.
27b. Nothing in this subsection shall be construed to include
28work involving the use of pits, racks, or lifting apparatus or
29involving the inflation of any tire mounted on a rim equipped
30with a removable retaining ring.
3110. Cleaning vegetables and fruits, and wrapping, sealing,
32labeling, weighing, pricing, and stocking goods when. This
33subsection applies only to work performed in areas that are
34 physically separate from areas, including freezers and coolers,
35 where meat is prepared, for sale and outside freezers or meat
-2-1coolers.
211. Loading onto motor vehicles and unloading from motor
3vehicles of the light, non-power-driven hand tools and personal
4protective equipment that the minor will use as part of their
5employment at the work site. Such light tools include but are
6not limited to rakes, hand-held clippers, shovels, and brooms.
7Such light tools do not include items such as trash, sales
8kits, promotion items or items for sale, lawn mowers, or other
9power-driven lawn maintenance equipment.
1012. Laundering.
1113. Work in the production of seed, limited to removal of
12off-type plants and corn tassels and hand-pollinating from June
131 through Labor Day.
1414. Other work approved by the rules adopted pursuant to
15chapter 17A by the labor commissioner.
16 Sec. 4. Section 92.6, Code 2023, is amended to read as
17follows:
1892.6 Fourteen and fifteen — occupations work activities not
19permitted.
201. Persons fourteen and fifteen years of age may not be
21employed in:
22a. Any manufacturing occupation work activity.
23b. Any mining occupation work activity.
24c. Processing occupations work activities, except in a
25retail, food service, or gasoline service establishment in
26those specific occupations work activities expressly permitted
27under the provisions of section 92.5.
28d. Occupations Work activities requiring the performance
29of any duties in workrooms or work places where goods are
30manufactured, mined, or otherwise processed, except to the
31extent expressly permitted in retail, food service, or gasoline
32service establishments under the provisions of section 92.5.
33e. Public messenger service.
34f. Operation or tending of hoisting apparatus or of any
35power-driven machinery, other than office machines and machines
-3-1in retail, food service, and gasoline service establishments
2which are specified in section 92.5 as machines which that such
3minors may operate in such establishments.
4g. Occupations Work activities prohibited by rules adopted
5pursuant to chapter 17A by the labor commissioner.
6h. Occupations Work activities in connection with the
7following, except office or sales work in connection with these
8occupations work activities, not performed on transportation
9media or at the actual construction site:
10(1) Transportation of persons or property by rail, highway,
11air, on water, pipeline, or other means.
12(2) Warehousing and storage.
13(3) Communications and public utilities.
14(4) Construction, including repair.
15i. Any of the following occupations work activities in a
16retail, food service, or gasoline service establishment:
17(1) Work performed in or about boiler or engine rooms.
18(2) Work in connection with maintenance or repair of the
19establishment, machines, or equipment.
20(3) Outside window washing that involves working from
21window sills, and all work requiring the use of ladders,
22scaffolds, or their substitutes.
23(4) Cooking except at soda fountains, lunch counters, snack
24bars, or cafeteria serving counters, and baking.
25(5) Occupations which Work activities that involve
26operating, setting up, adjusting, cleaning, oiling, or
27repairing power-driven food slicers and grinders, food choppers
28and cutters, and bakery-type mixers.
29(6) Work in freezers and meat coolers and all work in
30preparation of meats for sale, except wrapping, sealing,
31labeling, weighing, pricing, and stocking when performed in
32other areas.
33(7) (6) Loading and unloading goods to and from trucks,
34railroad cars, or conveyors, except as permitted by section
3592.5, subsection 11.
-4- 1(8) (7) All occupations work activities in warehouses
2except office and clerical work.
3j. Laundering, except for the use of a washing machine
4which has a capacity of less than ten cubic feet and which is
5designed to reach an internal temperature which does not exceed
6212 degrees Fahrenheit.
72. Nothing in this section shall be construed as prohibiting
8office, errand, or packaging work when done away from moving
9machinery.
10 Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
11activities.
121. Persons fifteen years of age may be employed or permitted
13to work in any of the work activities provided in section 92.5
14in addition to the following work activities:
15a. Loading and unloading non-power-driven equipment weighing
16up to thirty pounds into motor vehicles.
17b. Loading and unloading groceries and other retail items
18weighing up to thirty pounds into motor vehicles.
19c. Stocking shelves with items weighing up to thirty pounds.
20d. If properly licensed, work as a lifeguard or swim
21instructor at a traditional swimming pool or amusement park.
222. The commissioner may issue a waiver of any weight
23limitations provided in subsection 1 of up to fifty pounds
24depending on the strength and ability of the fifteen-year-old.
253. The commissioner may issue a waiver for a
26fifteen-year-old to be able to load and unload light
27power-driven lawn machines based on the ability of the minor if
28the minor is supervised, the machine is powered off, and the
29safety key is stored away from the machine.
304. The commissioner may issue a waiver for a
31fifteen-year-old to perform light assembly work as long
32as the assembly is not performed on machines or in an area with
33machines.
34 Sec. 6. Section 92.7, Code 2023, is amended to read as
35follows:
-5- 192.7 Under sixteen — hours permitted.
2A person under sixteen years of age shall not be employed
3with or without compensation, except as provided in sections
492.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
57:00 9:00 p.m., except during the period from June 1 through
6Labor Day when the hours may be extended to 9:00 11:00 p.m.
7If such person is employed for a period of five hours or more
8each day, an intermission of not less than thirty minutes shall
9be given. Such a person shall not be employed for more than
10eight hours in one day, exclusive of intermission, and shall
11not be employed for more than forty hours in one week. The
12hours of work of persons under sixteen years of age employed
13outside school hours shall not exceed four six in one day or
14twenty-eight in one week while school is in session.
15 Sec. 7. NEW SECTION. 92.7A Seventeen — hours permitted.
16A person who is seventeen years of age may work the same
17hours as a person who is eighteen years of age.
18 Sec. 8. Section 92.8, Code 2023, is amended to read as
19follows:
2092.8 Under eighteen — prohibited occupations work
21activities.
22No person under eighteen years of age shall be employed
23or permitted to work with or without compensation at any
24of the following occupations work activities or business
25establishments:
261. Occupations Work activities in or about plants or
27establishments manufacturing or storing explosives or articles
28containing explosive components, except performing light
29assembly work as long as the assembly is not performed on
30machines or in an area with machines.
312. Occupations of motor vehicle driver and helper.
323. 2. Logging occupations Logging and occupations in
33 the operation of any sawmill, lath mill, shingle mill, or
34cooperage-stock mill.
354. 3. Occupations involved in the operation Operation of
-6-1power-driven woodworking machines.
25. 4. Occupations Work activities involving exposure to
3radioactive substances and to ionizing radiations.
46. 5. Occupations involved in the operation Operation of
5elevators and other power-driven hoisting apparatus.
67. 6. Occupations involved in the operation Operation of
7power-driven metal forming, punching, and shearing machines.
88. 7. Occupations in connection with Coal mining.
99. 8. Occupations Work activities in or about slaughtering
10and meat packing establishments and rendering plants, provided
11that work activities in office, shipping, and assembly areas
12shall not be prohibited by this chapter.
1310. 9. Occupations involved in the operation Operation
14 of certain power-driven bakery machines. Except as otherwise
15provided in this subsection, this subsection does not apply to
16the operation of pizza dough rollers that are a type of dough
17sheeter that have been constructed with safeguards contained in
18the basic design so as to prevent fingers, hands, or clothing
19from being caught in the in-running point of the rollers,
20that have gears that are completely enclosed, and that have
21microswitches that disengage the machinery if the backs or
22sides of the rollers are removed, only when all the safeguards
23detailed in this subsection are present on the machinery, are
24operational, and have not been overridden. However, this
25subsection does apply to the setting up, adjusting, repairing,
26oiling, or cleaning of pizza dough rollers as described in this
27subsection.
2811. 10. Occupations involved in the operation Operation of
29certain power-driven paper products machines, except loading
30balers if the machine is powered off and the key is stored in a
31separate area from the machine.
3212. 11. Occupations involved in the manufacture
33 Manufacturing of brick, tile, and related products.
3413. 12. Occupations involved in the operation Operation of
35circular saws, band saws, and guillotine shears.
-7- 114. 13. Occupations involved in wrecking Wrecking,
2demolition, and shipbreaking operations.
315. 14. Occupations involved in roofing Roofing
4 operations.
516. 15. Excavation occupations.
617. 16. In Work activities in or about foundries; provided
7that office, shipping, and assembly area employment shall not
8be prohibited by this chapter.
918. 17. Occupations involving the operation Operation of
10dry cleaning or dyeing machinery.
1119. 18. Occupations Work activities involving exposure to
12lead fumes or its compounds, or to dangerous or poisonous dyes
13or chemicals.
1420. 19. Occupations involving the transmission
15 Transmission, distribution, or delivery of goods or messages
16between the hours of 10:00 p.m.and 5:00 a.m.
1721. 20. Occupations Work activities prohibited by rules
18adopted pursuant to chapter 17A by the labor commissioner.
19 Sec. 9. NEW SECTION. 92.8A Approved career and technical
20education, work-based learning, internships, registered
21apprenticeship programs, and student learners.
221. The director of the department of workforce development
23or department of education may grant an exception from any
24provision of section 92.6 or 92.7 for minors fourteen to
25seventeen years of age participating in work-based learning
26or a school or employer-administered, work-related program
27approved by the department of workforce development or the
28department of education if all of the following apply:
29a. The requestor demonstrates the activity will be performed
30under adequate supervision and training.
31b. The training includes adequate safety precautions.
32c. The terms and conditions of the proposed employment will
33not interfere with the health, well-being, or schooling of the
34minor enrolled in the approved program.
352. Section 92.8 shall not apply to a student in an approved
-8-1work-based learning program, registered apprenticeship, career
2and technical education program, or student learner program
3provided the student is employed under all of the following
4conditions:
5a. The student is employed in a craft recognized as an
6apprenticeable trade or the student is employed under a written
7employment agreement.
8b. The work of the apprentice or student employee in the
9work activities declared particularly hazardous is incidental
10to the apprentice’s training.
11c. The work is intermittent and for short periods of time
12and is under the direct and close supervision of a qualified
13and experienced person.
14d. Adequate on-the-job training and safety instructions are
15in place.
16 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
17by striking the subsection.
18 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
19to read as follows:
203. A child from working in any occupation work activity or
21business operated by the child’s parents. For the purposes
22of this subsection, “child” and “parents” include a foster
23child and the child’s foster parents who are licensed by the
24department of health and human services.
25 Sec. 12. Section 92.19, subsections 2 and 3, Code 2023, are
26amended by striking the subsections.
27 Sec. 13. Section 92.20, subsection 1, Code 2023, is amended
28by striking the subsection.
29 Sec. 14. Section 92.21, subsection 1, Code 2023, is amended
30to read as follows:
311. The labor commissioner may adopt rules pursuant to
32chapter 17A to more specifically define the occupations work
33activities and equipment permitted or prohibited in this
34chapter, to determine occupations for which work permits are
35required, and to issue general and special orders prohibiting
-9-1or allowing the employment of persons under eighteen years
2of age in any place of employment defined in this chapter as
3hazardous to the health, safety, and welfare of the persons.
4 Sec. 15. Section 92.22, subsection 1, Code 2023, is amended
5to read as follows:
61. The labor commissioner shall enforce this chapter.
7An employer who violates this chapter or the rules adopted
8pursuant to this chapter is subject to a civil penalty of
9not more than ten thousand dollars for each violation. The
10commissioner may waive or reduce a civil penalty based on
11evidence the commissioner may obtain. The commissioner shall
12provide a fifteen-day grace period before imposing a civil
13penalty.
14 Sec. 16. Section 92.23, Code 2023, is amended to read as
15follows:
1692.23 Group insurance.
17Anyone under the age of eighteen and subject to this chapter
18employed in the street occupations who sells or delivers work
19activities of selling or delivering the product or service
20of another and who is designated in such capacity as an
21independent contractor shall be provided participation, if the
22person under the age of eighteen desires it at group rate cost,
23in group insurance for medical, hospital, nursing, and doctor
24expenses incurred as a result of injuries sustained arising out
25of and in the course of selling or delivering such product or
26service by the person, firm, or corporation whose product or
27service is so delivered.
28 Sec. 17. NEW SECTION. 92.24 Employer liability in
29work-based learning.
301. For purposes of this section, unless the context
31otherwise requires:
32a. “Business” means any city, county, or township, including
33but not limited to a fire department or law enforcement
34office or department, public university, municipal university,
35community college, technical college or not-for-profit
-10-1private postsecondary educational institution, corporation,
2association, partnership, proprietorship, limited liability
3company, limited partnership, limited liability partnership,
4organization or other legal entity, whether for-profit or
5not-for-profit, that does all of the following:
6(1) Enters into an agreement with a school district for a
7work-based learning program.
8(2) Directly supervises a student who is participating in
9the work-based learning program, either on the premises of the
10business or at another location.
11b. “Work-based learning program” means a learning program to
12which all of the following apply:
13(1) The program includes but is not limited to work-related,
14on-the-job training, job shadowing, internships, clinicals,
15practicums, registered apprenticeships, co-ops, supervised
16agricultural experiences, and industry-led service-learning
17projects.
18(2) The program is incorporated into secondary coursework
19or related to a specific field of study.
20(3) The program integrates knowledge and theory learned
21in the classroom or other school-approved setting with
22the practical application and development of skills and
23proficiencies in a professional work setting.
242. A business that accepts a secondary student in a
25work-based learning program shall not be subject to civil
26liability for any claim for bodily injury to the student or
27sickness or death by accident of the student arising from
28the student’s driving to or from the business or worksite to
29participate in the work-based learning program unless the
30student is acting within the course and scope of the student’s
31employment at the direction of the business.
323. Any claim for bodily injury to the student or sickness or
33death by accident of the student arising from the business’s
34negligent act or omission during the student’s participation
35in the work-based learning program at the business or worksite
-11-1shall be recovered exclusively under chapters 85, 85A, 85B, and
286.
3 Sec. 18. Section 123.49, subsection 2, paragraph f, Code
42023, is amended to read as follows:
5f. Employ a person under eighteen years of age in the
6sale or serving of alcoholic beverages for consumption on
7the premises where sold. This paragraph shall not apply if
8the employer has on file written permission from the parent,
9guardian, or legal custodian of a person sixteen or seventeen
10years of age for the person to sell or serve alcoholic
11beverages for consumption on the premises where sold. The
12employer shall keep a copy of the written permission on file
13until the person is either eighteen years of age or no longer
14engaged in the sale of or serving alcoholic beverages for
15consumption on the premises where sold.
16 Sec. 19. Section 321.194, subsection 2, paragraph a, Code
172023, is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (04) If the licensee is employed, the
19licensee may operate a motor vehicle during the hours of 5:00
20a.m.to 10:00 p.m.over the most direct and accessible route
21between the licensee’s residence or school of enrollment and
22the licensee’s place of employment, provided the driving
23distance between the licensee’s place of employment and the
24nearest point on the route on which the licensee is authorized
25to travel under subparagraph (1), subparagraph division (a), or
26subparagraph (2), subparagraph division (a), is no more than
27fifty miles.
28 Sec. 20. Section 321.194, subsection 2, paragraph a,
29subparagraph (4), Code 2023, is amended to read as follows:
30(4) To a service station for the purpose of refueling, so
31long as the service station is the station closest to the route
32on which the licensee is traveling under subparagraph (1), (2),
33or (3), or (04).
34 Sec. 21. Section 321.194, subsection 3, paragraphs a and b,
35Code 2023, are amended to read as follows:
-12- 1a. Each application shall be accompanied by a statement
2from the applicant’s school of enrollment or employer. The
3statement shall be upon a form provided by the department and
4shall certify that a need exists for the license and that the
5person signing the statement is not responsible for actions of
6the applicant which pertain to the use of the driver’s license.
7(1) If the applicant attends a public school, the
8certification shall be made by the school board, superintendent
9of the applicant’s school, or principal, if authorized by the
10superintendent.
11(2) If the applicant attends an accredited nonpublic
12school, the certification shall be made by the authorities in
13charge of the accredited nonpublic school or a duly authorized
14representative of the authorities.
15(3) If the applicant is employed, the certification shall
16be in the form of an affidavit for minor license signed by the
17employer and the student’s parent or guardian.
18b. Upon receipt of a statement of necessity or signed
19affidavit, the department shall issue the driver’s license
20provided the applicant is otherwise eligible for issuance of
21the license. The fact that the applicant resides at a distance
22less than one mile from the applicant’s school of enrollment
23is prima facie evidence of the nonexistence of necessity for
24the issuance of a license. However, the distance between the
25applicant’s residence and school of enrollment shall not be
26considered if the applicant resides on a farm or is employed
27for compensation on a farm.
28 Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
2992.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
30repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to youth employment.
35CHILD LABOR. The bill includes various amendments to
-13-1Code chapter 92, relating to child labor. The bill strikes
2provisions providing for child labor permits and migrant
3child labor permits. The bill strikes provisions allowing
4certain children under 14 years of age to engage in street
5occupations. The bill modifies permitted and prohibited
6work that can be performed by minors 14 to 17 years of age,
7as well as hours in which work can be performed. The bill
8strikes penalties for certain actions taken in violation
9of Code chapter 92 to procure employment for oneself or
10of another person; other penalties for violations of Code
11chapter 92 are retained. Under current law, a violation
12of Code chapter 92 is generally a serious misdemeanor. A
13serious misdemeanor is punishable by confinement for no more
14than one year and a fine of at least $430 but not more than
15$2,560. The bill allows the labor commissioner to waive or
16reduce a civil penalty under Code chapter 92 based on evidence
17the commissioner may obtain and requires the commissioner to
18provide a 15-day grace period before imposing a civil penalty.
19Under current law, an employer violating Code chapter 92 is
20subject to a civil penalty of up to $10,000. The bill changes
21terminology referring to “occupations” to instead refer to
22“work activities”.
23The bill allows the director of the department of workforce
24development or department of education to grant an exception
25from specified provisions of Code chapter 92 relating to
26prohibited work activities and work hours for minors 14 to 17
27years of age participating in work-based learning or a school
28or employer-administered, work-related program approved by
29the department of workforce development or the department of
30education if specified conditions apply. The bill provides
31that specified prohibitions on work activities are inapplicable
32to a student in an approved work-based learning program,
33registered apprenticeship, career and technical education
34program, or student learner program provided the student is
35employed under specified conditions.
-14- 1The bill provides that a business that accepts a secondary
2student in a work-based learning program shall not be subject
3to civil liability for any claim for bodily injury to the
4student or sickness or death by accident of the student arising
5from the student’s driving to or from the business or worksite
6to participate in the work-based learning program unless the
7student is acting within the course and scope of the student’s
8employment at the direction of the business. Any claim for
9bodily injury to the student or sickness or death by accident
10of the student arising from the business’s negligent act or
11omission during the student’s participation in the work-based
12learning program at the business or worksite shall be recovered
13exclusively under worker’s compensation.
14ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17
15years of age to be employed in the sale or serving of alcoholic
16beverages for on-premises consumption under Code section 123.49
17if the employer has on file written permission from the parent,
18guardian, or legal custodian of the person. The employer shall
19keep a copy of the written permission on file until the person
20is either 18 years of age or no longer engaged in the sale of
21or serving alcoholic beverages.
22A violation of Code section 123.49 is a simple misdemeanor.
23A simple misdemeanor is punishable by confinement for no more
24than 30 days and a fine of at least $105 but not more than $855.
25MOTOR VEHICLE OPERATION. The bill provides that a person
26holding a special minor’s license under Code section 321.194
27who is employed may operate a motor vehicle during the hours
28of 5:00 a.m.to 10:00 p.m.over the most direct and accessible
29route between the licensee’s residence or school of enrollment
30and the licensee’s place of employment, provided the driving
31distance between the licensee’s place of employment and
32the nearest point on the route on which the licensee is
33authorized to operate a motor vehicle for purposes of school
34transportation under current law is no more than 50 miles.
35The person’s application for a special minor’s license must
-15-1include an affidavit for minor license signed by the employer
2and the person’s parent or guardian, using a form provided by
3the department. Other requirements to obtain a special minor’s
4license under current law are applicable to such a person.
5Under current law, the fact that an applicant for a special
6minor’s license resides at a distance less than one mile from
7the applicant’s school of enrollment is prima facie evidence of
8the nonexistence of necessity for the issuance of the license.
9The bill strikes this provision. The bill provides that
10the distance between an applicant’s residence and school of
11enrollment shall not be considered if the applicant is employed
12for compensation.
13A violation of Code section 321.194 is punishable by a
14scheduled fine of $70.
-16-je/rn
2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 92.3, Code 2023, is amended to read as
2follows:
392.3 Under fourteen — work activities not permitted
4occupations.
5No person under fourteen years of age shall be employed
6or permitted to work with or without compensation in any
7occupation, except in the street occupations or migratory
8labor occupations specified in section 92.1 work activity.
9Any migratory laborer twelve to fourteen years of age may not
10work prior to or during the regular school hours of any day of
11any private or public school which teaches general education
12subjects and which is available to such child.
13 Sec. 2. Section 92.4, Code 2023, is amended to read as
14follows:
1592.4 Under sixteen — permitted occupations work activities.
16No person under sixteen years of age shall be employed
17or permitted to work with or without compensation in any
18occupation work activity during regular school hours, except
19the following work activities:
201. Those persons legally out of school, if such status
21is verified by the submission of written proof to the labor
22commissioner.
232. Those persons working in a supervised school-work
24program.
253. Those persons between the ages of fourteen and sixteen
26enrolled in school on a part-time basis and who are required to
27work as a part of their school training.
284. Fourteen- and fifteen-year-old migrant laborers during
29any hours when summer school is in session.
30 Sec. 3. Section 92.5, Code 2023, is amended to read as
31follows:
3292.5 Fourteen and fifteen — permitted occupations work
33activities.
34Persons fourteen and fifteen years of age may be employed or
35permitted to work in the following occupations work activities:
-1- 11. Retail, food service, and gasoline service
2establishments.
32. Office and clerical work, including operation of office
4machines.
53. Cashiering, selling, modeling, art work, work in
6advertising departments, window trimming, and comparative
7shopping.
84. Price marking and tagging by hand or by machine,
9assembling orders, packing, and shelving.
105. Bagging and carrying out customers’ orders.
116. Errand and delivery work by foot, bicycle, and public
12transportation.
137. Cleanup work, including the use of vacuum cleaners and
14floor waxers, and maintenance of grounds.
158. Kitchen work and other work involved in preparing and
16serving food and beverages, including the cleaning using
17kitchen cleaning products with required personal protective
18equipment, operation of machines and devices used in the
19performance of such work, including but not limited to
20microwaves, dishwashers, toasters, dumb-waiters, popcorn
21poppers, milk shake blenders, and coffee grinders.
229. a. Work in connection with motor vehicles and trucks if
23confined to the following:
24(1) Dispensing gasoline and oil.
25(2) Courtesy service.
26(3) Car cleaning, washing, and polishing.
27b. Nothing in this subsection shall be construed to include
28work involving the use of pits, racks, or lifting apparatus or
29involving the inflation of any tire mounted on a rim equipped
30with a removable retaining ring.
3110. Cleaning vegetables and fruits, and wrapping, sealing,
32labeling, weighing, pricing, and stocking goods when. This
33subsection applies only to work performed in areas that are
34 physically separate from areas, including freezers and coolers,
35 where meat is prepared, for sale and outside freezers or meat
-2-1coolers.
211. Loading onto motor vehicles and unloading from motor
3vehicles of the light, non-power-driven hand tools and personal
4protective equipment that the minor will use as part of their
5employment at the work site. Such light tools include but are
6not limited to rakes, hand-held clippers, shovels, and brooms.
7Such light tools do not include items such as trash, sales
8kits, promotion items or items for sale, lawn mowers, or other
9power-driven lawn maintenance equipment.
1012. Laundering.
1113. Work in the production of seed, limited to removal of
12off-type plants and corn tassels and hand-pollinating from June
131 through Labor Day.
1414. Other work approved by the rules adopted pursuant to
15chapter 17A by the labor commissioner.
16 Sec. 4. Section 92.6, Code 2023, is amended to read as
17follows:
1892.6 Fourteen and fifteen — occupations work activities not
19permitted.
201. Persons fourteen and fifteen years of age may not be
21employed in:
22a. Any manufacturing occupation work activity.
23b. Any mining occupation work activity.
24c. Processing occupations work activities, except in a
25retail, food service, or gasoline service establishment in
26those specific occupations work activities expressly permitted
27under the provisions of section 92.5.
28d. Occupations Work activities requiring the performance
29of any duties in workrooms or work places where goods are
30manufactured, mined, or otherwise processed, except to the
31extent expressly permitted in retail, food service, or gasoline
32service establishments under the provisions of section 92.5.
33e. Public messenger service.
34f. Operation or tending of hoisting apparatus or of any
35power-driven machinery, other than office machines and machines
-3-1in retail, food service, and gasoline service establishments
2which are specified in section 92.5 as machines which that such
3minors may operate in such establishments.
4g. Occupations Work activities prohibited by rules adopted
5pursuant to chapter 17A by the labor commissioner.
6h. Occupations Work activities in connection with the
7following, except office or sales work in connection with these
8occupations work activities, not performed on transportation
9media or at the actual construction site:
10(1) Transportation of persons or property by rail, highway,
11air, on water, pipeline, or other means.
12(2) Warehousing and storage.
13(3) Communications and public utilities.
14(4) Construction, including repair.
15i. Any of the following occupations work activities in a
16retail, food service, or gasoline service establishment:
17(1) Work performed in or about boiler or engine rooms.
18(2) Work in connection with maintenance or repair of the
19establishment, machines, or equipment.
20(3) Outside window washing that involves working from
21window sills, and all work requiring the use of ladders,
22scaffolds, or their substitutes.
23(4) Cooking except at soda fountains, lunch counters, snack
24bars, or cafeteria serving counters, and baking.
25(5) Occupations which Work activities that involve
26operating, setting up, adjusting, cleaning, oiling, or
27repairing power-driven food slicers and grinders, food choppers
28and cutters, and bakery-type mixers.
29(6) Work in freezers and meat coolers and all work in
30preparation of meats for sale, except wrapping, sealing,
31labeling, weighing, pricing, and stocking when performed in
32other areas.
33(7) (6) Loading and unloading goods to and from trucks,
34railroad cars, or conveyors, except as permitted by section
3592.5, subsection 11.
-4- 1(8) (7) All occupations work activities in warehouses
2except office and clerical work.
3j. Laundering, except for the use of a washing machine
4which has a capacity of less than ten cubic feet and which is
5designed to reach an internal temperature which does not exceed
6212 degrees Fahrenheit.
72. Nothing in this section shall be construed as prohibiting
8office, errand, or packaging work when done away from moving
9machinery.
10 Sec. 5. NEW SECTION. 92.6A Fifteen — permitted work
11activities.
121. Persons fifteen years of age may be employed or permitted
13to work in any of the work activities provided in section 92.5
14in addition to the following work activities:
15a. Loading and unloading non-power-driven equipment weighing
16up to thirty pounds into motor vehicles.
17b. Loading and unloading groceries and other retail items
18weighing up to thirty pounds into motor vehicles.
19c. Stocking shelves with items weighing up to thirty pounds.
20d. If properly licensed, work as a lifeguard or swim
21instructor at a traditional swimming pool or amusement park.
222. The commissioner may issue a waiver of any weight
23limitations provided in subsection 1 of up to fifty pounds
24depending on the strength and ability of the fifteen-year-old.
253. The commissioner may issue a waiver for a
26fifteen-year-old to be able to load and unload light
27power-driven lawn machines based on the ability of the minor if
28the minor is supervised, the machine is powered off, and the
29safety key is stored away from the machine.
304. The commissioner may issue a waiver for a
31fifteen-year-old to perform light assembly work as long
32as the assembly is not performed on machines or in an area with
33machines.
34 Sec. 6. Section 92.7, Code 2023, is amended to read as
35follows:
-5- 192.7 Under sixteen — hours permitted.
2A person under sixteen years of age shall not be employed
3with or without compensation, except as provided in sections
492.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m.or after
57:00 9:00 p.m., except during the period from June 1 through
6Labor Day when the hours may be extended to 9:00 11:00 p.m.
7If such person is employed for a period of five hours or more
8each day, an intermission of not less than thirty minutes shall
9be given. Such a person shall not be employed for more than
10eight hours in one day, exclusive of intermission, and shall
11not be employed for more than forty hours in one week. The
12hours of work of persons under sixteen years of age employed
13outside school hours shall not exceed four six in one day or
14twenty-eight in one week while school is in session.
15 Sec. 7. NEW SECTION. 92.7A Seventeen — hours permitted.
16A person who is seventeen years of age may work the same
17hours as a person who is eighteen years of age.
18 Sec. 8. Section 92.8, Code 2023, is amended to read as
19follows:
2092.8 Under eighteen — prohibited occupations work
21activities.
22No person under eighteen years of age shall be employed
23or permitted to work with or without compensation at any
24of the following occupations work activities or business
25establishments:
261. Occupations Work activities in or about plants or
27establishments manufacturing or storing explosives or articles
28containing explosive components, except performing light
29assembly work as long as the assembly is not performed on
30machines or in an area with machines.
312. Occupations of motor vehicle driver and helper.
323. 2. Logging occupations Logging and occupations in
33 the operation of any sawmill, lath mill, shingle mill, or
34cooperage-stock mill.
354. 3. Occupations involved in the operation Operation of
-6-1power-driven woodworking machines.
25. 4. Occupations Work activities involving exposure to
3radioactive substances and to ionizing radiations.
46. 5. Occupations involved in the operation Operation of
5elevators and other power-driven hoisting apparatus.
67. 6. Occupations involved in the operation Operation of
7power-driven metal forming, punching, and shearing machines.
88. 7. Occupations in connection with Coal mining.
99. 8. Occupations Work activities in or about slaughtering
10and meat packing establishments and rendering plants, provided
11that work activities in office, shipping, and assembly areas
12shall not be prohibited by this chapter.
1310. 9. Occupations involved in the operation Operation
14 of certain power-driven bakery machines. Except as otherwise
15provided in this subsection, this subsection does not apply to
16the operation of pizza dough rollers that are a type of dough
17sheeter that have been constructed with safeguards contained in
18the basic design so as to prevent fingers, hands, or clothing
19from being caught in the in-running point of the rollers,
20that have gears that are completely enclosed, and that have
21microswitches that disengage the machinery if the backs or
22sides of the rollers are removed, only when all the safeguards
23detailed in this subsection are present on the machinery, are
24operational, and have not been overridden. However, this
25subsection does apply to the setting up, adjusting, repairing,
26oiling, or cleaning of pizza dough rollers as described in this
27subsection.
2811. 10. Occupations involved in the operation Operation of
29certain power-driven paper products machines, except loading
30balers if the machine is powered off and the key is stored in a
31separate area from the machine.
3212. 11. Occupations involved in the manufacture
33 Manufacturing of brick, tile, and related products.
3413. 12. Occupations involved in the operation Operation of
35circular saws, band saws, and guillotine shears.
-7- 114. 13. Occupations involved in wrecking Wrecking,
2demolition, and shipbreaking operations.
315. 14. Occupations involved in roofing Roofing
4 operations.
516. 15. Excavation occupations.
617. 16. In Work activities in or about foundries; provided
7that office, shipping, and assembly area employment shall not
8be prohibited by this chapter.
918. 17. Occupations involving the operation Operation of
10dry cleaning or dyeing machinery.
1119. 18. Occupations Work activities involving exposure to
12lead fumes or its compounds, or to dangerous or poisonous dyes
13or chemicals.
1420. 19. Occupations involving the transmission
15 Transmission, distribution, or delivery of goods or messages
16between the hours of 10:00 p.m.and 5:00 a.m.
1721. 20. Occupations Work activities prohibited by rules
18adopted pursuant to chapter 17A by the labor commissioner.
19 Sec. 9. NEW SECTION. 92.8A Approved career and technical
20education, work-based learning, internships, registered
21apprenticeship programs, and student learners.
221. The director of the department of workforce development
23or department of education may grant an exception from any
24provision of section 92.6 or 92.7 for minors fourteen to
25seventeen years of age participating in work-based learning
26or a school or employer-administered, work-related program
27approved by the department of workforce development or the
28department of education if all of the following apply:
29a. The requestor demonstrates the activity will be performed
30under adequate supervision and training.
31b. The training includes adequate safety precautions.
32c. The terms and conditions of the proposed employment will
33not interfere with the health, well-being, or schooling of the
34minor enrolled in the approved program.
352. Section 92.8 shall not apply to a student in an approved
-8-1work-based learning program, registered apprenticeship, career
2and technical education program, or student learner program
3provided the student is employed under all of the following
4conditions:
5a. The student is employed in a craft recognized as an
6apprenticeable trade or the student is employed under a written
7employment agreement.
8b. The work of the apprentice or student employee in the
9work activities declared particularly hazardous is incidental
10to the apprentice’s training.
11c. The work is intermittent and for short periods of time
12and is under the direct and close supervision of a qualified
13and experienced person.
14d. Adequate on-the-job training and safety instructions are
15in place.
16 Sec. 10. Section 92.17, subsection 2, Code 2023, is amended
17by striking the subsection.
18 Sec. 11. Section 92.17, subsection 3, Code 2023, is amended
19to read as follows:
203. A child from working in any occupation work activity or
21business operated by the child’s parents. For the purposes
22of this subsection, “child” and “parents” include a foster
23child and the child’s foster parents who are licensed by the
24department of health and human services.
25 Sec. 12. Section 92.19, subsections 2 and 3, Code 2023, are
26amended by striking the subsections.
27 Sec. 13. Section 92.20, subsection 1, Code 2023, is amended
28by striking the subsection.
29 Sec. 14. Section 92.21, subsection 1, Code 2023, is amended
30to read as follows:
311. The labor commissioner may adopt rules pursuant to
32chapter 17A to more specifically define the occupations work
33activities and equipment permitted or prohibited in this
34chapter, to determine occupations for which work permits are
35required, and to issue general and special orders prohibiting
-9-1or allowing the employment of persons under eighteen years
2of age in any place of employment defined in this chapter as
3hazardous to the health, safety, and welfare of the persons.
4 Sec. 15. Section 92.22, subsection 1, Code 2023, is amended
5to read as follows:
61. The labor commissioner shall enforce this chapter.
7An employer who violates this chapter or the rules adopted
8pursuant to this chapter is subject to a civil penalty of
9not more than ten thousand dollars for each violation. The
10commissioner may waive or reduce a civil penalty based on
11evidence the commissioner may obtain. The commissioner shall
12provide a fifteen-day grace period before imposing a civil
13penalty.
14 Sec. 16. Section 92.23, Code 2023, is amended to read as
15follows:
1692.23 Group insurance.
17Anyone under the age of eighteen and subject to this chapter
18employed in the street occupations who sells or delivers work
19activities of selling or delivering the product or service
20of another and who is designated in such capacity as an
21independent contractor shall be provided participation, if the
22person under the age of eighteen desires it at group rate cost,
23in group insurance for medical, hospital, nursing, and doctor
24expenses incurred as a result of injuries sustained arising out
25of and in the course of selling or delivering such product or
26service by the person, firm, or corporation whose product or
27service is so delivered.
28 Sec. 17. NEW SECTION. 92.24 Employer liability in
29work-based learning.
301. For purposes of this section, unless the context
31otherwise requires:
32a. “Business” means any city, county, or township, including
33but not limited to a fire department or law enforcement
34office or department, public university, municipal university,
35community college, technical college or not-for-profit
-10-1private postsecondary educational institution, corporation,
2association, partnership, proprietorship, limited liability
3company, limited partnership, limited liability partnership,
4organization or other legal entity, whether for-profit or
5not-for-profit, that does all of the following:
6(1) Enters into an agreement with a school district for a
7work-based learning program.
8(2) Directly supervises a student who is participating in
9the work-based learning program, either on the premises of the
10business or at another location.
11b. “Work-based learning program” means a learning program to
12which all of the following apply:
13(1) The program includes but is not limited to work-related,
14on-the-job training, job shadowing, internships, clinicals,
15practicums, registered apprenticeships, co-ops, supervised
16agricultural experiences, and industry-led service-learning
17projects.
18(2) The program is incorporated into secondary coursework
19or related to a specific field of study.
20(3) The program integrates knowledge and theory learned
21in the classroom or other school-approved setting with
22the practical application and development of skills and
23proficiencies in a professional work setting.
242. A business that accepts a secondary student in a
25work-based learning program shall not be subject to civil
26liability for any claim for bodily injury to the student or
27sickness or death by accident of the student arising from
28the student’s driving to or from the business or worksite to
29participate in the work-based learning program unless the
30student is acting within the course and scope of the student’s
31employment at the direction of the business.
323. Any claim for bodily injury to the student or sickness or
33death by accident of the student arising from the business’s
34negligent act or omission during the student’s participation
35in the work-based learning program at the business or worksite
-11-1shall be recovered exclusively under chapters 85, 85A, 85B, and
286.
3 Sec. 18. Section 123.49, subsection 2, paragraph f, Code
42023, is amended to read as follows:
5f. Employ a person under eighteen years of age in the
6sale or serving of alcoholic beverages for consumption on
7the premises where sold. This paragraph shall not apply if
8the employer has on file written permission from the parent,
9guardian, or legal custodian of a person sixteen or seventeen
10years of age for the person to sell or serve alcoholic
11beverages for consumption on the premises where sold. The
12employer shall keep a copy of the written permission on file
13until the person is either eighteen years of age or no longer
14engaged in the sale of or serving alcoholic beverages for
15consumption on the premises where sold.
16 Sec. 19. Section 321.194, subsection 2, paragraph a, Code
172023, is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (04) If the licensee is employed, the
19licensee may operate a motor vehicle during the hours of 5:00
20a.m.to 10:00 p.m.over the most direct and accessible route
21between the licensee’s residence or school of enrollment and
22the licensee’s place of employment, provided the driving
23distance between the licensee’s place of employment and the
24nearest point on the route on which the licensee is authorized
25to travel under subparagraph (1), subparagraph division (a), or
26subparagraph (2), subparagraph division (a), is no more than
27fifty miles.
28 Sec. 20. Section 321.194, subsection 2, paragraph a,
29subparagraph (4), Code 2023, is amended to read as follows:
30(4) To a service station for the purpose of refueling, so
31long as the service station is the station closest to the route
32on which the licensee is traveling under subparagraph (1), (2),
33or (3), or (04).
34 Sec. 21. Section 321.194, subsection 3, paragraphs a and b,
35Code 2023, are amended to read as follows:
-12- 1a. Each application shall be accompanied by a statement
2from the applicant’s school of enrollment or employer. The
3statement shall be upon a form provided by the department and
4shall certify that a need exists for the license and that the
5person signing the statement is not responsible for actions of
6the applicant which pertain to the use of the driver’s license.
7(1) If the applicant attends a public school, the
8certification shall be made by the school board, superintendent
9of the applicant’s school, or principal, if authorized by the
10superintendent.
11(2) If the applicant attends an accredited nonpublic
12school, the certification shall be made by the authorities in
13charge of the accredited nonpublic school or a duly authorized
14representative of the authorities.
15(3) If the applicant is employed, the certification shall
16be in the form of an affidavit for minor license signed by the
17employer and the student’s parent or guardian.
18b. Upon receipt of a statement of necessity or signed
19affidavit, the department shall issue the driver’s license
20provided the applicant is otherwise eligible for issuance of
21the license. The fact that the applicant resides at a distance
22less than one mile from the applicant’s school of enrollment
23is prima facie evidence of the nonexistence of necessity for
24the issuance of a license. However, the distance between the
25applicant’s residence and school of enrollment shall not be
26considered if the applicant resides on a farm or is employed
27for compensation on a farm.
28 Sec. 22. REPEAL. Sections 92.1, 92.2, 92.9, 92.10, 92.11,
2992.12, 92.13, 92.14, 92.15, 92.16, and 92.18, Code 2023, are
30repealed.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to youth employment.
35CHILD LABOR. The bill includes various amendments to
-13-1Code chapter 92, relating to child labor. The bill strikes
2provisions providing for child labor permits and migrant
3child labor permits. The bill strikes provisions allowing
4certain children under 14 years of age to engage in street
5occupations. The bill modifies permitted and prohibited
6work that can be performed by minors 14 to 17 years of age,
7as well as hours in which work can be performed. The bill
8strikes penalties for certain actions taken in violation
9of Code chapter 92 to procure employment for oneself or
10of another person; other penalties for violations of Code
11chapter 92 are retained. Under current law, a violation
12of Code chapter 92 is generally a serious misdemeanor. A
13serious misdemeanor is punishable by confinement for no more
14than one year and a fine of at least $430 but not more than
15$2,560. The bill allows the labor commissioner to waive or
16reduce a civil penalty under Code chapter 92 based on evidence
17the commissioner may obtain and requires the commissioner to
18provide a 15-day grace period before imposing a civil penalty.
19Under current law, an employer violating Code chapter 92 is
20subject to a civil penalty of up to $10,000. The bill changes
21terminology referring to “occupations” to instead refer to
22“work activities”.
23The bill allows the director of the department of workforce
24development or department of education to grant an exception
25from specified provisions of Code chapter 92 relating to
26prohibited work activities and work hours for minors 14 to 17
27years of age participating in work-based learning or a school
28or employer-administered, work-related program approved by
29the department of workforce development or the department of
30education if specified conditions apply. The bill provides
31that specified prohibitions on work activities are inapplicable
32to a student in an approved work-based learning program,
33registered apprenticeship, career and technical education
34program, or student learner program provided the student is
35employed under specified conditions.
-14- 1The bill provides that a business that accepts a secondary
2student in a work-based learning program shall not be subject
3to civil liability for any claim for bodily injury to the
4student or sickness or death by accident of the student arising
5from the student’s driving to or from the business or worksite
6to participate in the work-based learning program unless the
7student is acting within the course and scope of the student’s
8employment at the direction of the business. Any claim for
9bodily injury to the student or sickness or death by accident
10of the student arising from the business’s negligent act or
11omission during the student’s participation in the work-based
12learning program at the business or worksite shall be recovered
13exclusively under worker’s compensation.
14ALCOHOLIC BEVERAGES. The bill allows a person 16 to 17
15years of age to be employed in the sale or serving of alcoholic
16beverages for on-premises consumption under Code section 123.49
17if the employer has on file written permission from the parent,
18guardian, or legal custodian of the person. The employer shall
19keep a copy of the written permission on file until the person
20is either 18 years of age or no longer engaged in the sale of
21or serving alcoholic beverages.
22A violation of Code section 123.49 is a simple misdemeanor.
23A simple misdemeanor is punishable by confinement for no more
24than 30 days and a fine of at least $105 but not more than $855.
25MOTOR VEHICLE OPERATION. The bill provides that a person
26holding a special minor’s license under Code section 321.194
27who is employed may operate a motor vehicle during the hours
28of 5:00 a.m.to 10:00 p.m.over the most direct and accessible
29route between the licensee’s residence or school of enrollment
30and the licensee’s place of employment, provided the driving
31distance between the licensee’s place of employment and
32the nearest point on the route on which the licensee is
33authorized to operate a motor vehicle for purposes of school
34transportation under current law is no more than 50 miles.
35The person’s application for a special minor’s license must
-15-1include an affidavit for minor license signed by the employer
2and the person’s parent or guardian, using a form provided by
3the department. Other requirements to obtain a special minor’s
4license under current law are applicable to such a person.
5Under current law, the fact that an applicant for a special
6minor’s license resides at a distance less than one mile from
7the applicant’s school of enrollment is prima facie evidence of
8the nonexistence of necessity for the issuance of the license.
9The bill strikes this provision. The bill provides that
10the distance between an applicant’s residence and school of
11enrollment shall not be considered if the applicant is employed
12for compensation.
13A violation of Code section 321.194 is punishable by a
14scheduled fine of $70.
-16-je/rn