Fran
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Posted - 11/21/2006 : 08:37:37 AM
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New bill extends work hours for teens Also would attempt to bolster labor laws By Maria Sacchetti, Globe Staff | November 21, 2006
Massachusetts teenagers would be permitted to work as late as 11:30 p.m. so long as it is not a school night, instead of only 10 p.m., under sweeping changes to child labor laws passed unanimously by the Legislature yesterday.
Movie theaters, supermarkets, and retailers pushed for the changes, explaining that because they have extended their hours to accommodate shoppers, they need workers to stay later.
During the holiday season, some mall stores stay open as late as 11 p.m. Many had contended that current law put them at a disadvantage because some industries, such as restaurants and racetracks, had won exemptions from the limitations on hours and could keep younger workers on until midnight.
The legislation affects 16- and 17-year-olds. The restriction on school nights, typically Sunday through Thursday, remain in place, limiting hours at 10 p.m.
"Supermarkets don't close at 9 o'clock anymore," said Representative Michael J. Rodrigues, Democrat of Westport and chairman of the House Committee on Labor and Workforce Development, who backed the changes. "The last movie now starts at 10 o'clock at night. They want employees there when their patrons leave."
He said parents and teenagers also pushed for the legislation. Teenagers wanted to work longer hours, he said, and their parents liked the idea of them using those later hours productively, instead of hanging around with friends or getting into trouble.
Lawmakers settled on an 11:30 p.m. limit because under state law, drivers under 18 must be off the road by midnight, Rodrigues said.
"I'd rather have them in the Stop & Shop working than out driving around with their friends," Rodrigues said.
While much of the attention focused on the extended hours, backers of the bill said it would bring the most ambitious changes to the state's child labor laws since a crackdown on sweatshops of the Great Depression. Governor Mitt Romney has 10 days to sign or veto the legislation and plans to review the bill, said his spokesman, Eric Fehrnstrom.
Backers said the bill passed largely because it would also significantly boost enforcement against employers who violate child labor laws. The bill allows fines of up to $5,000 for violations of state labor law. In addition, the bill would give the state attorney general new power to issue civil violations of up to $2,500 for multiple offenders, instead of only being able to file criminal charges, which are tougher to prove and are rarely brought.
Also, under the measure, all workers under 18 must be supervised by an adult after 8 p.m. Kiosks in the walkways of shopping malls are exempt because they are out in the open, Rodrigues said.
Attorney General-elect Martha Coakley, who takes office in January, suggested that her office would need resources to enforce the legislation, if it is approved, but could be spurred to act by complaints.
She predicted the bill would discourage employers from breaking the law.
The Massachusetts Coalition for Occupational Safety and Health said half of the 16- and 17-year-olds in Massachusetts work each year, above the national average of 31 percent.
Almost 1,000 teenagers visited emergency rooms with work-related injuries last year, the group said.
Jon Hurst, president of the 3,000-member Retailers Association of Massachusetts, said the bill could help all sorts of businesses with longer hours, from amusement parks to shops.
"The 10 o'clock period was kind of antiquated and really not fair," he said. "Restaurants could keep a 16- or 17-year old until midnight -- and racetracks, by the way. Go figure."
Material from State House News Service was used in this report.
© Copyright 2006 The New York Times Company
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