CHAPTER 466

CHILD LABOR

AN ACT TO AMEND CHAPTER 5, TITLE 19, DELAWARE CODE, ENTITLED "CHILD LABOR", OMITTING OBSOLETE PROVISIONS AND CHANGING SUBSTANTIVE AND ADMINISTRATIVE PROVISIONS OF THE CHAPTER.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 515, Title 19, Delaware Code, is amended to read as follows:

§ 515. Hours of work generally; evidence of employment

No child to whom an employment certificate, general or provisional, has been issued shall be employed, permitted or suffered to work in, about or in connection with any establishment or in any occupation before the hour of 6:00 A. M. or after the hour of 7:00 P. M., nor for more than 6 days or more than 48 hours in any one week ; nor more than 8 hours in any one day, nor without at least 30 minutes continuous rest between 11:30 A. M. and 2:00 P. M., except that in any event such rest period shall come not later than after 5 hours of work. The presence of such child in any establishment during working hours shall be prima facie evidence of its employment therein.

Section 2. § 517, Title 19, Delaware Code, is amended to read as follows :

§ 517. Selling of newspapers or other articles on street; hours; penalty for violation

(a) No boy under 12 years of age and no girl under 14 years of age shall deliver, sell, expose, or offer for sale any newspapers, magazines, periodicals or any other articles or merchandise of any description in any street or public place.

(a) No minor under 16 years of age shall engage in any of the trades or occupations mentioned in subsection (a) Of this section in any street or public place after 7 P. M. or before

6 A. M. of any day, nor during the hours when the public schools in the city or town where such minor resides or the school which such minor attends is in session, excepting that such minors between the age of 14 and 16 years may engage in such trades or occupations after school on Fridays and on Saturdays and during school vacations until 9 P. M.

(c) If any minor violates or fails to comply with any of the provisions of this section, the Labor Commission may cause the offender to be brought before any proper tribunal or the Commission may suspend or revoke any employment certificate.

Section 3. § 544, Title 19, Delaware Code, is amended to read as follows :

§ 544. Certificates issued by Commission

All employment certificates shall be issued by The Labor Commission of Delaware.

Section 4. § 545, Title 19, Delaware Code, is amended to read as follows :

§ 545. Requisites for issuance of a general employment certificate

The Labor Commission of Delaware shall not issue such certificate until the child for whom it is requested has personally appeared and been examined by its agent or until the Commission has received, examined, approved and filed, together with the duplicate of the certificate, the following papers, duly executed--

(1) A statement signed by the prospective employer or by some one authorized on his behalf, stating that the employer expects to give the child present employment and setting forth the character of the employment.

(2) A school record filled out and signed by the principal or chief executive officer of the school where the child last attended, which shall be furnished to any child who may be entitled thereto, certifying that the child has completed a course of study equivalent to 8 yearly grades of the public school.

(3) Evidence showing that the child is 14 years of age or upwards, which shall consist of one of the following proofs of age, shall be required in the order herein designated--

(A) A duly attested transcript 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 baptismal certificate or transcript of the record of baptism, duly certified, showing the date of birth of such child ;

(C) A passport showing the age of such child as an immigrant;

(D) Other documentary evidence of age (other than the affidavit of parent, guardian, legal custodian or next friend) or transcript thereof, duly certified, which shall appear to the satisfaction of the issuing officer to be good and sufficient proof of age ;

(E) In case such proofs of age shall be unobtainable, and only in such cases, the issuing officer may accept, in lieu thereof, the signed statement of the physician, designated by the Labor Commission, stating that, after examination, it is the opinion of such physician that such child has attained the age required by law for the occupation in which the child expects to engage, and such statement shall be accompanied by an affidavit, signed by the parent, guardian, legal custodian or next friend, certifying to the name, date and place of birth of such child and that the parent, guardian, legal custodian or next friend, signing such statement, is unable to produce any of the proofs of age specified in the preceding subdivisions of this section.

Section 5. § 546, Title 19, Delaware Code, is amended by repealing the paragraph designated as "(2)" therein and re-

designating paragraph "(3)" so that it shall be paragraph 4, (2)

Section 6. §§ 548, 550, 551, 552, 553, 554, Title 19, Delaware Code, are repealed and § 555, Title 19, Delaware Code, is redesignated so that it shall be § 548, Title 19, Delaware Code.

Section 7. § 549, Title 19, Delaware Code, is amended to read as follows :

§ 549. Minimum wages

No minor under the age of sixteen (16) shall be permitted to work in any establishment or for any supervisor, for less than Seventy-five (75) cents per hour, provided however, that an employer may pay a minor under the age of sixteen (16) who is attending school sixty (60) cents per hour, provided however, that a child may receive less than the amounts stated above if the child's parent or guardian, as the case may be, consents to the child receiving the lesser amount in writing. This section shall be inapplicable to children working on farms, news shops, and children working for a home employer not in connection with his business, trade or profession.

Approved July 18, 1955.