50-5-101. Short title. —

This part shall be known and may be cited as the “Child Labor Act of 1976.”

[Acts 1976, ch. 480, § 1; T.C.A., § 50-701.]

50-5-102. Part definitions. —

As used in this part, unless the context otherwise requires:

(1)  “Agricultural work” includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with the farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market;

(2)  “Commissioner” means the commissioner of labor and workforce development or the commissioner's designated representative;

(3)  “Department” means the department of labor and workforce development;

(4)  “Director of schools” means the director of schools, or the director's designee, in the county, city, town or special school district in which a minor seeking employment resides or is to be employed; provided, that, with respect to a home school, as defined in § 49-6-3050, “director of schools” means the director of the local education agency (LEA) where the child who has been registered as a home schooled child would otherwise attend; and with respect to a home school that teaches kindergarten through grade twelve (K-12) where the parents are associated with an organization that conducts church-related schools, as defined in § 49-50-801, the “director of schools” means the director of the church-related school;

(5)  “Employ” means to permit or suffer to work in employment or a gainful occupation;

(6)  “Employer” includes, but is not limited to, any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee;

(7)  “Employment or gainful occupation” means any work engaged in for compensation in money or other valuable consideration, whether paid to the minor or some other person, including, but not limited to, work as a servant, agent, subagent or independent contractor;

(8)  “Minor” means a person of either sex under eighteen (18) years of age, unless otherwise provided;

(9)  “School days” means any day when normal classes are in session during the regular school year in the school district;

(10)  “School hours” means that period of time during a school day when school is in session and students are required to attend classes;

(11)  “Self-employed” means earning income directly from one's own business, trade or profession rather than as a specified salary or wages from an employer;

(12)  “Sexual conduct” means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals;

(13)  “Week” means a fixed and regularly recurring period of seven (7) consecutive days; and

(14)  “Youth peddling” means the selling of merchandise by a minor under sixteen (16) years of age to customers at the customer's residence, at a customer's place of business, or in public places such as street corners or public transportation stations. “Youth peddling” does not include the activities of individuals who are self-employed or who volunteer to sell goods or services on behalf of not-for-profit organizations or governmental entities or for school functions.

[Acts 1976, ch. 480, § 2; 1978, ch. 541, § 1; T.C.A., § 50-702; Acts 1998, ch. 781, § 2; 1999, ch. 203, § 1; 1999, ch. 520, § 41.]

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50-5-103. Employment of minor under 14 years of age — Penalty. —

(a)  A minor under fourteen (14) years of age may not be employed in any gainful occupation except as otherwise provided in § 50-5-107.

(b)  Any person who violates subsection (a) commits a Class D felony.

[Acts 1976, ch. 480, § 3; T.C.A., § 50-703; Acts 2001, ch. 378, § 1.]

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50-5-104. Employment of minors fourteen or fifteen years of age. —

(a)  A minor who is either fourteen (14) or fifteen (15) years of age may be employed in connection with any gainful occupation that:

(1)  Does not interfere with the minor's schooling, health or well-being;

(2)  Is not prohibited by subsection (b); or

(3)  Is not prohibited by § 50-5-106.

(b)  A minor who is either fourteen (14) or fifteen (15) years of age may not be employed:

(1)  During school hours;

(2)  Between the hours of seven o'clock p.m. (7:00 p.m.) and seven o'clock a.m. (7:00 a.m.), if the next day is a school day;

(3)  Between the hours of nine o'clock p.m. (9:00 p.m.) and six o'clock a.m. (6:00 a.m.);

(4)  More than three (3) hours a day on school days;

(5)  More than eighteen (18) hours a week during a school week;

(6)  More than eight (8) hours a day on nonschool days; or

(7)  More than forty (40) hours a week during nonschool weeks.

[Acts 1976, ch. 480, § 4; 1978, ch. 541, § 2; T.C.A., § 50-704.]

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50-5-105. Employment of minors sixteen or seventeen years of age. —

(a)  A minor who is sixteen (16) or seventeen (17) years of age may be employed in connection with any gainful occupation that:

(1)  Does not interfere with the minor's health or well-being;

(2)  Is not prohibited by subsection (b); or

(3)  Is not prohibited by § 50-5-106.

(b)  A minor who is sixteen (16) or seventeen (17) years of age and is enrolled in school may not be employed:

(1)  During those hours when the minor is required to attend classes; or

(2)  Between the hours of ten o'clock p.m. (10:00 p.m.) and six o'clock a.m. (6:00 a.m.), Sunday through Thursday evenings preceding a school day.

(A)  If the parents or guardians of the minor submit to the employer a signed and notarized statement of consent, then the minor may be employed between the hours of ten o'clock p.m. (10:00 p.m.) and twelve o'clock midnight (12:00 a.m.), Sunday through Thursday evenings preceding a school day; provided, that under no circumstances shall the minor be employed between those hours on those evenings on more than three (3) occasions during any week.

(B)  Each statement of consent shall be submitted to the employer on a carbonized form provided for the purpose by the department. Upon accepting the form, the employer shall promptly mail the carbon copy of the form to the commissioner.

(C)  The form shall remain valid until the end of the school year during which it is submitted or until termination of the minor's employment, or until the minor reaches the age of majority, whichever occurs first ; and the original copy of the form shall be maintained for the period of its effectiveness by the employer at the location of the minor's employment.

(D)  At any time, consent may be rescinded by submission to the employer of a statement of rescission, signed by the parents or guardians of the minor.

(c)  With respect to a student enrolled with a church-related school as defined in § 49-50-801, or who is home schooled in accordance with § 49-6-3050 and has the consent of the parent conducting the home school, subdivision (b)(1) shall not apply. However, to work during the hours identified in subdivision (b)(1), the student shall also present to the employer a letter signed by the director, as defined in § 50-5-102, confirming the student's enrollment and the authorization to work. The superintendent of the church-related school shall send a copy of the letter to the director of the LEA of the school district in which the child resides.

(d)  If the department discovers that an employer has violated this section or has violated § 50-5-111, by failing to maintain the required file record, including an accurate time record showing the hours of a minor's beginning and ending of work each day, then the department shall promptly take appropriate actions to ensure imposition of the sanctions prescribed by § 50-5-112.

[Acts 1976, ch. 480, § 5; 1978, ch. 541, § 3; T.C.A., § 50-705; Acts 1990, ch. 787, § 1; 1998, ch. 781, § 1; 1999, ch. 520, § 41.]

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50-5-106. Prohibited employment for minors. —

A minor may not be employed in connection with the following:

(1)  Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components;

(2)  Motor vehicle driving occupations;

(3)  Coal mine occupations;

(4)  Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill;

(5)  Occupations involved in the operation of power-driven woodworking machines;

(6)  Occupations involving exposure to radioactive substances and to ionizing radiations;

(7)  Occupations involved in the operation of elevator and other power-driven hoisting apparatus;

(8)  Occupations involved in the operation of power-driven metal-forming, punching and shearing machines;

(9)  Occupations in connection with mining elements other than coal;

(10)  Occupations involving slaughtering, meat-packing, processing or rendering;

(11)  Occupations involved in the operation of hazardous power-driven bakery machines;

(12)  Occupations involved in the operation of hazardous power-driven paper products machines;

(13)  Occupations involved in the manufacture of brick, tile and kindred products;

(14)  Occupations involved in the operation of circular saws, band saws and guillotine shears;

(15)  Occupations involved in wrecking, demolition and ship-breaking operations;

(16)  Occupations involved in roofing operations;

(17)  Occupations in excavation operations;

(18)  Any occupation in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment, or in any place of employment where a minor will be permitted to take orders for or serve intoxicating beverages, regardless of the amount of intoxicating beverages sold in the place of employment;

(19)  Occupations that the commissioner shall by regulation, pursuant to this part, declare to be hazardous or injurious to the life, health, safety and welfare of minors;

(20)  (A)  Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture;

(B)  As used in (20)(A), “sexual conduct” means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and

(21)  Occupations involved in youth peddling.

[Acts 1976, ch. 480, § 7; 1977, ch. 227, § 1; T.C.A., § 50-707; Acts 1999, ch. 203, § 2.]

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50-5-107. Exempt minors. —

This part shall not apply to any minor who:

(1)  Is employed in housework in the minor's home;

(2)  Is employed by a parent or guardian in a nonhazardous occupation, as defined by § 50-5-106;

(3)  Is employed in agricultural work;

(4)  Is employed in the distribution or sale of newspapers;

(5)  Is employed in errand and delivery work by foot, bicycle or public transportation;

(6)  Is self-employed;

(7)  Is a musician or entertainer, except in cases covered by § 50-5-106(20);

(8)  Has graduated from high school or has the equivalent of a high school diploma, but only if a copy of the minor's high school diploma or its equivalent is retained by the employer in the employer's personnel records;

(9)  Is or has been lawfully married or is a parent, but only if a copy of either the minor's marriage license or the birth certificate of the minor's child is retained by the employer in the employer's personnel records;

(10)  Is sixteen (16) or seventeen (17) years of age and is an apprentice employed in a craft recognized as an apprenticable trade and is registered by the bureau of apprenticeship and training of the United States department of labor and is employed in accordance with the standards established by that bureau;

(11)  Is sixteen (16) or seventeen (17) years of age and is a student learner enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records;

(12)  Is an enrollee in a public employment program that is conducted or funded by the federal government; provided, that the employer has on file in the employer's personnel records an unrevoked written statement from a representative of the federal agency administering that program certifying the enrollment of the minor in the program;

(13)  Is sixteen (16) or seventeen (17) years of age and not enrolled in school, but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor is not enrolled in school; or is lawfully excused from compulsory school attendance under § 49-6-3005, but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor has been excused under § 49-6-3005; or

(14)  Is fourteen (14) years of age or older and who is a student enrolled in a course of study and training in a cooperative career and technical training program, including a work experience and career exploration program, that is approved and authorized by the department of education and that complies with all applicable federal laws. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records.

[Acts 1976, ch. 480, § 8; 1977, ch 227, § 2; 1978, ch. 541, § 4; T.C.A., § 50-708; Acts 2008, ch. 888, § 1.]

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50-5-108. Special exemptions. —

(a)  The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor's parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor.

(b)  (1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor.

(2)  If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner's findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.

(c)  Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal.

(d)  (1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor's parents or guardian with a written statement of the reasons for the refusal.

(2)  This written statement shall be furnished by the commissioner within ten (10) days of the commissioner's receipt of the demand by the minor and the minor's parents or guardian.

(e)  (1)  Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor's parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption.

(2)  The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).

(f)  (1) The court shall hold a hearing and receive further testimony and evidence it deems necessary.

(2)  If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.

[Acts 1976, ch. 480, § 9; 1978, ch. 541, § 5; T.C.A., § 50-709.]

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50-5-109. Proof of age required for employment or continued employment — Oath by parent or guardian of evidence unavailable. —

Before any minor may be employed or continue to be employed in connection with any gainful occupation, the employer shall require proof of the age of the minor employee or prospective employee by requiring the minor to provide the employer with a copy of the minor's birth certificate, passport, driver's license or state issued identification. If the evidence is not available, the parents or guardian shall appear with the minor before the judge or other officer of the juvenile court of the county in which the minor resides and shall make an oath as to the age of the minor.

[Acts 1976, ch. 480, § 10; 1977, ch. 198, § 1; 1978, ch. 541, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 50-710; Acts 2001, ch. 378, § 2.]

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50-5-110. Duties of department. —

The department shall administer and enforce this part. In addition, the department shall:

(1)  Supply employers of minors with printed copies of the regulations governing the employment and hours of work of minors and occupations prohibited to minors under this part;

(2)  Inspect all places where minors may be employed and all pertinent records of employment, at any reasonable time, and as often as necessary to effectively enforce this part;

(3)  Notify in writing any person charged with a violation of this part as to the nature of the violation;

(4)  Bring a complaint before any court of competent jurisdiction against persons violating this part and prosecute these violations; and

(5)  Make, keep and preserve a file record of all places where minors may be employed.

[Acts 1976, ch. 480, § 13; 1978, ch. 541, § 7; T.C.A., § 50-713; Acts 1986, ch. 844, § 5.]

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50-5-111. Duties of employers of minors. —

Employers of minors subject to regulation under this part shall:

(1)  Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include:

(A)  An employment application;

(B)  A copy of the minor's birth certificate or other evidence of the minor's age as provided in § 50-5-109;

(C)  An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to § 50-5-104 or § 50-5-105; and

(D)  Any records required under § 50-5-107(8)-(14);

(2)  Allow the department to inspect, during regular working hours, any and all premises where minors are or could be employed and the contents of the individual file records specified in subdivision (1);

(3)  Post and maintain in a conspicuous place on the business premises a printed notice, furnished by the department, stating the regulations governing the employment and hours of work of minors and employment prohibited to minors under this part; and

(4)  Furnish to the department records relative to the employment of minors.

[Acts 1976, ch. 480, § 15; 1978, ch. 541, § 8; T.C.A., § 50-715; Acts 1986, ch. 844, § 6; 1990, ch. 787, § 2; 2001, ch. 378, § 3.]

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50-5-112. Violations — Penalties. —

(a)  (1)  Except as provided in § 50-5-103, any employer, who violates this part, or hinders or obstructs the department in administering or enforcing this part, or any parent or guardian who permits a child under the parent's or guardian's control or custody to work in violation of this part, commits a Class A misdemeanor.

(2)  At the discretion of the commissioner, the employer shall be subject to a civil penalty of not less than one hundred fifty dollars ($150) nor more than one thousand dollars ($1,000) for each instance of an employer's violation of this part. In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the person charged and the gravity of the violation shall be considered. If the commissioner determines that the violation was unintentional, there shall be a warning in lieu of a penalty on the first offense.

(3)  On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative.

(4)  It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation.

(b)  Each day during which any violation of subsection (a) continues after notification by the department that a violation exists constitutes a separate punishable offense.

(c)  Any person who engages a minor under sixteen (16) years of age in youth peddling and transports the minor more than five (5) miles from the minor's residence shall, at the discretion of the commissioner, be subject to a penalty of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) if evidence of two (2) or more of the following factors is present:

(1)  The minor is working more than three (3) hours a day on school days;

(2)  The minor is working more than eighteen (18) hours a week during a school week;

(3)  The minor is working more than eight (8) hours a day on nonschool days;

(4)  The minor is working more than forty (40) hours a week during nonschool weeks;

(5)  The minor is working after seven o'clock p.m. (7:00 p.m.) if the next day is a school day; or

(6)  The employer fails to comply with the recordkeeping requirements of § 50-5-111.

(d)  Any person who violates § 50-5-103 shall, at the discretion of the commissioner, be subject to a penalty of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). Each instance of a minor working in violation of § 50-5-103 shall constitute a separate violation.

(e)  Each instance of a minor under the age of sixteen (16) working in violation of the youth peddling provisions of this part shall be considered a separate violation.

(f)  Any person who violates the youth peddling provisions of this part commits a Class D felony.

(g)  If, within thirty (30) days from the receipt of written notification of penalties assessed pursuant to this part, an employer fails to notify the commissioner in writing of its intent to contest the imposition of the penalty, the assessment of penalty as stated in the notification shall be deemed a final order of the commissioner, and not subject to further review.

(h)  All penalties owed under this part shall be paid to the commissioner.

[Acts 1977, ch. 60, § 1; T.C.A., § 50-716; Acts 1989, ch. 591, § 111; 1993, ch. 220, § 1; 1999, ch. 203, §§ 3, 4; 2001, ch. 378, §§ 4-6; 2003, ch. 286, §§ 1, 2.]

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50-5-113. Using children in pornography — Class C felony. —

Any person who violates § 50-5-106(20) or who violates § 50-5-103 by employing a child in an occupation that would violate § 50-5-106(20) if the child were over fourteen (14) years of age commits a Class C felony.

[Acts 1977, ch. 227, § 3; T.C.A., § 50-717; Acts 1989, ch. 591, § 47.]

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50-5-114. Rules and regulations. —

The commissioner may issue, amend and rescind all rules, regulations and procedures necessary to effectuate the purpose of this part.

[Acts 1978, ch. 541, § 9; T.C.A., § 50-718; Acts 1986, ch. 844, § 10.]

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50-5-115. Breaks and meal periods for working minors. —

A minor must have a thirty-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. This break shall not be scheduled during or before the first hour of scheduled work activity.

[Acts 1993, ch. 220, § 2.]

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