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2012 SESSION

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12100694D
HOUSE BILL NO. 167 Offered January 11, 2012 Prefiled January 9, 2012 A BILL to amend and reenact § 40.1-79.01 of the Code of Virginia, relating to child labor; exemption for employment at a family business. ---------- Patron-- Cosgrove ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 40.1-79.01 of the Code of Virginia is amended and reenacted as follows:

§ 40.1-79.01. Exemptions from chapter generally.

A. Nothing in this chapter, except the provisions of §§ 40.1-100 A, 40.1-100.1, 40.1-100.2, and 40.1-103, shall apply to:

1. A child engaged in domestic work when such work is performed in connection with the child's own home and directly for his parent or a person standing in place of his parent;

2. A child employed in occasional work performed outside school hours where such work is in connection with the employer's home but not in connection with the employer's business, trade, or profession;

3. A child 12 or 13 years of age employed outside school hours on farms, in orchards or in gardens with the consent of his parent or a person standing in place of his parent;

4. A child between the ages of 12 and 18 employed as a page or clerk for either the House of Delegates or the Senate of Virginia;

5. A child participating in the activities of a volunteer rescue squad;

6. A child under 16 years of age employed by his parent in an occupation other than manufacturing; or

7. A child 12 years of age or older employed by an eleemosynary organization or unit of state or local government as a referee for sports programs sponsored by that eleemosynary, state, or local organization or by an organization of referees sponsored by an organization recognized by the United States Olympic Committee under 36 U.S.C. § 220522.

B. Nothing in this chapter, except §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall be construed to apply to a child employed by (i) his parent or a person standing in place of his parent on farms, in orchards or in gardens owned or operated by such parent or person or (ii) an employer that is a business entity primarily owned by a family member or members, with the consent of his parent or a person standing in place of his parent. As used in this subsection, "family member" means any individual within (a) the fifth degree of lineal kinship to the designated relative; (b) the fifth degree of collateral kinship to the designated relative, for which purposes only a legally adopted individual shall be treated as a natural child of the adoptive parents; or (c) the present or past spouse of the individual qualifying as a family member under clause (a) or (b).