The bill seeks to amend Section 25-8-59 of the Code of Alabama 1975, with the purpose of increasing civil and criminal penalties for employers who violate child labor laws. The bill introduces changes to the language and penalty amounts within the existing law. Notably, it changes the term "a person" to "an individual" under the care or control of a parent, guardian, or custodian who is under 19 years of age and works in violation of child labor laws. The civil penalties for various violations have been updated, with the minimum penalty being raised to $300 and the maximum penalty for certain violations increasing from $5,000 to $10,000. Additionally, the bill changes the discretionary power of the department to impose penalties from "may" to "shall" in certain circumstances, indicating a mandatory action.

The bill also outlines the process for notifying employers of civil penalty assessments and their rights to a hearing. It specifies the conditions under which an employer can request a hearing and the process for contesting a civil penalty assessment. The bill further states that all monies received from the assessment of penalties will accrue to the State General Fund. In terms of criminal penalties, the bill redefines the consequences for employers who violate child labor laws, with the possibility of being deemed guilty of a Class B or Class C misdemeanor for a first conviction, and a Class B misdemeanor for subsequent convictions. Additionally, violations involving serious physical injury to or death of a minor may result in a Class B or Class C felony. The act is set to become effective on October 1, 2024, and is excluded from further requirements under Section 111.05 of the Constitution of Alabama of 2022, as it defines a new crime or amends the definition of an existing crime.

Statutes affected:
Introduced: 25-8-59, 25-8-59
Engrossed: 25-8-59, 25-8-59
Enrolled: 25-8-59, 25-8-59