§ 95-25.23C. Report on youth employment enforcement activities.
§ 95‑25.23C. Report onyouth employment enforcement activities.
(a) Findings. TheGeneral Assembly finds that:
(1) There is anincreasing need to protect the educational opportunities of youths under age 18and to prohibit their employment in jobs and under conditions that aredetrimental to their health and well‑being.
(2) Although thestatutory protections available for youths under age 18 who are employed inthis State are comprehensive, those protections are rendered meaninglesswithout effective enforcement.
(3) It is in the bestinterest of the State and its youngest workers to ensure that North Carolinaemployers are in full compliance with the youth employment laws and regulationsenacted under the Wage and Hour Act.
(b) Intent. Recognizingthat the Department of Labor is the State agency charged with enforcing theWage and Hour Act as it pertains to youth employment, the General Assemblyintends to review the Department's education and enforcement activities on aregular basis in order to identify effective measures for enhancing youthemployment protections in this State.
(c) Report. No laterthan February 1 of each year, the Commissioner shall submit a written report tothe General Assembly, the Legislative Study Commission on Children and Youth,and the Fiscal Research Division of the General Assembly on the Department ofLabor's investigative, inspection, and enforcement activities under the Wageand Hour Act pertaining to youth employment. Each report submitted pursuant tothis subsection shall contain data and information about the calendar yearpreceding the date on which the last written report was submitted. The reportshall include at least all of the following:
(1) All activities theDepartment of Labor has sponsored or participated in for the purpose ofeducating employers about their responsibilities under the Wage and Hour Act.
(2) The total number ofcomplaints received by the Department of Labor alleging youth employmentviolations under the Wage and Hour Act, or any regulations issued under theWage and Hour Act, or both.
(3) The specific typesof youth employment violations alleged and the ages of the youths referenced inthe complaints received by the Department of Labor.
(4) The total number ofinvestigations conducted by the Department of Labor concerning alleged youthemployment violations, the length of the investigations, and the number ofinvestigators assigned to conduct the investigations. For purposes of thissubdivision, the Commissioner shall provide a separate analysis of (i)investigations initiated by the Department in response to a complaint, (ii)investigations initiated by the Department in the absence of a complaint, and(iii) alleged record‑keeping violations pertaining to youth employment.
(5) The total number ofadministrative proceedings involving youth employment violations.
(6) The total number andidentity of employers cited for youth employment violations and the industriesor occupations that received the greatest and the least number of complaintsalleging youth employment violations.
(7) The total number anddollar amount of civil penalties assessed pursuant to G.S. 95‑25.23 andthe total number and dollar amount of civil penalties actually collectedpursuant to that section. For purposes of this subdivision, the Commissionershall provide a detailed, itemized list of each civil penalty represented inthe total number and dollar amounts reported pursuant to this subdivision andindicate whether each civil penalty is the result of a complaint.
(8) The total number anddollar amount of civil penalties assessed pursuant to G.S. 95‑25.23A andthe total number and dollar amount of civil penalties actually collectedpursuant to that section. For purposes of this subdivision, the Commissionershall provide a detailed, itemized list of each civil penalty represented inthe total number and dollar amounts reported pursuant to this subdivision andindicate whether each civil penalty is the result of a complaint.
(9) An explanation ofany obstacles that prevented the Department of Labor from enforcing anyprovision of the Wage and Hour Act as it pertains to youth employment, anyrecommended changes to the Wage and Hour Act to strengthen the Department ofLabor's oversight and enforcement of youth employment laws and regulations inthis State, and any other information related to the Department of Labor'senhanced enforcement of the State's youth employment laws and regulations.
(10) Recommendations aboutthe funding needed by the Department to (i) eliminate any identified obstaclesto enforcement of youth employment laws and regulations and (ii) effectivelyimplement any recommended changes. (2009‑139, s. 1.)