Child labor law and unemployment insurance.

Authors: Representative Jerry Torr

Co-authors: Representative Timothy Harman

Sponsors: Senator Philip Boots

Advisors: Representative Timothy Wesco, Representative Matthew Ubelhor, Representative John Bartlett, Representative David Niezgodski, Representative Dan Forestal


Provides that a legal entity whose ownership is limited to the parents of an employed child or persons standing in place of the parent of an employed child is not subject to certain provisions of the child labor law. Provides that all blank forms necessary to carry out child labor law regulation must be prepared by the department of labor and supplied to issuing officers by means of electronic or printed publication and repeals language providing that funds to pay expenses incurred by the department in printing and distributing the blank forms are appropriated annually out of any money in the state general fund that is not otherwise appropriated. Authorizes a child between the ages of 16 and 17 to work until 11 p.m. on a night followed by a school day if the employer has obtained written permission from the child's parent and placed the written permission on file in the employer's office. Authorizes a child to work in an occupation designated as hazardous by the child labor provisions of the federal FLSA when the child is working for the child's parent or a person standing in the place of the child's parent on a farm owned or operated by the parent or person. Adds language concerning the public policy involved in the application and payment of unemployment benefits (benefits). Removes any burden of proof from the determination of eligibility for benefits and the determination of gross misconduct. Repeals provisions concerning the process for determining a positive drug test for purposes of an individual's disqualification for benefits. Removes language concerning a department of workforce development's rule or policy regarding an employer's filing of a notice in connection with an individual, group, or mass separation arising from a vacation period. Provides that holiday and vacation pay are deductible income for the week in which the holiday or vacation occurs. Redefines "employer" for purposes of participation in the unemployment insurance system as an employing unit that: (1) has incurred liability for wages payable to one or more individuals; or (2) incurs liability for payment of wages of at least $1 in any calendar quarter during the current or immediately preceding calendar year. Provides that a benefits overpayment includes any week for which the failure to disclose or falsification of a fact caused benefits to be paid improperly. Provides that, when an individual's most recent separation from employment is a disqualifying separation, the individual must earn remuneration from employment for eight weeks and the remuneration must equal or exceed eight times the weekly benefit amount before the individual again qualifies for benefits. Provides that payment of private unemployment benefits that is conditional upon the signing of a release of employment related claims against the employer is severance pay and is deductible income. Increases from 15 to 30 days the time in which a party has to file an appeal of a review board's decision with the court of appeals. Authorizes the use of money in the special employment and training services fund for the prevention, detection, and recovery of delinquent contributions and penalties and improper benefit payments. Updates references to the high school equivalency diploma program and corrects a reference to the rulemaking body for the program.