Section 40.4 - Occupations and establishments(a)Prohibition.--Minors may not be employed in the following: (1)Establishments where alcoholic beverages are produced, sold or dispensed except as follows:(i) Notwithstanding any other provisions of law, a hotel, restaurant or club liquor licensee or any retail dispenser may allow students receiving instruction in a performing art to perform an exhibition if the students are not compensated and are under proper supervision in accordance with the act of April 12, 1951 (P.L.90, No.21) known as the Liquor Code.(ii)An individual under 16 years of age may be employed at a continuing-care retirement community, ski resort, bowling alley, golf course, amusement park or other similar recreational establishment where alcoholic beverages are served as long as the individual is not permitted to handle or serve the beverages and is not employed in an area where the beverages are stored or served.(iii) A minor 16 years of age or older may be employed in that part of the establishment in which alcoholic beverages are not served.(iv)A minor 16 years of age or older may be employed in a hotel, club or restaurant where alcoholic beverages are served if the employment consists of serving food, clearing tables and related duties, provided that the establishment has a valid permit for Sunday sales issued by the Pennsylvania Liquor Control Board and the minor's duties do not include dispensing or serving alcoholic beverages. Before employing a minor under this subsection, an establishment licensed by the Pennsylvania Liquor Control Board for Sunday sales must submit to the issuing officer a copy of the current valid permit for Sunday sales.(2) In any occupation or establishment designated as hazardous and otherwise prohibited under the Fair Labor Standards Act and regulations under that act.(3)As a pilot, fireman or engineer upon a boat or vessel; on a railroad or railway as a track repairman, gate- tender, switch-tender, brakeman, fireman, engineer, motorman or conductor; or in the manufacture of paint, color or white- lead, poisonous dyes or compositions using dangerous lead or acids; and minors under 16 years of age shall not be permitted to strip or sort tobacco, work on scaffolding or work in a tunnel.(4)An individual under 16 years of age may not be employed or permitted to conduct youth peddling, which entails the selling of goods or services to customers at locations other than the minor-employer's establishment, such as the customers' residences or places of business or public places such as street corners and public transportation stations. Prohibited activities associated with youth peddling not only include the attempt to make a sale or the actual consummation of a sale, but also the preparatory and concluding tasks normally performed by a youth peddler in conjunction with his or her sales, such as the loading and unloading of vans or other motor vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash and checks with the employer and the transportation of minors to and from the various sales areas by the employer.Prohibited youth peddling also includes such promotion activities as the holding, wearing or waving of signs, merchandise, costumes, sandwich boards or placards in order to attract potential customers, except when performed inside or directly in front of the employer's establishment providing the product, service or event being advertised.
This paragraph does not prohibit a minor salesperson from conducting sales for his or her employer on property controlled by the employer that is out of doors but may properly be considered part of the employer's establishment.
Minors may conduct sales in such employer exterior facilities, whether temporary or permanent, as garden centers, sidewalk sales and parking lot sales, when employed by that establishment. Youth peddling does not include the activities of persons who, as volunteers and without compensation, sell goods or services on behalf of eleemosynary organizations or public agencies.
(b)List.--The department shall publish a list in the Pennsylvania Bulletin which shall constitute hazardous or otherwise prohibited establishments or occupations under this act. The list shall consist of those occupations and establishments prohibited under subsection (a)(2) and those establishments and occupations specifically enumerated as hazardous or prohibited in this act.(c) Additional occupations.--The department may establish additional prohibited or hazardous occupations or establishments which are not included in subsection (b), through regulation.(d) Occupations for minors less than 14 years of age.--An individual less than 14 years of age may be employed as follows:(1) An individual who is at least 12 years of age may be employed as a caddy if the minor does not carry more than one golf bag at a time and employment is not for more than 18 holes of golf in a single day.(2) An individual who is at least 11 years of age may engage in the delivery of newspapers as set forth under 43 P.S. 40.14.(3) An individual who is at least 12 years of age may be employed as a youth sports official and shall not be required to procure a work permit. Youth sports officials who are 12 and 13 years of age shall be subject to the same limitations established in section 3 for individuals who are 14 and 15 years of age.Amended by P.L. TBD 2015 No. 44, § 2, eff. 12/6/2015.Added by P.L. 1209 2012 No. 151, § 4, eff. 1/22/2013.