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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 39. MINORS |
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Chapter 2. REGULATION OF EMPLOYMENT OF MINORS |
| § 39-2-1. Restrictions on employment of minors under 16 years of age |
| § 39-2-2. Employment of minors under 16 years of age generally -- Dangerous employment |
| § 39-2-3. Employment of minors under 16 years of age generally -- Hours of work generally |
| § 39-2-4. Employment of minors under 16 years of age generally -- Employment during school hours |
| § 39-2-5. Employment of minors under 16 years of age generally -- Delivery of messages |
| § 39-2-6. Employment of minors under 16 years of age generally -- Sale or delivery of newspapers |
| § 39-2-7. Employment of minors under 16 years of age generally -- Maximum hours of employment |
| § 39-2-8. Employment of minors 15 years of age during school vacation months |
| § 39-2-9. Employment of minors under 12 years of age generally |
| § 39-2-10. Employment of minors 12 and 13 years of age in wholesale and retail stores |
| § 39-2-11. Employment certificates -- Required; requirements for issuance |
| § 39-2-11.1. Employment of minors 14 years of age or older during school vacation months for care of lawns, gardens, and shrubbery |
| § 39-2-12. Employment certificates -- Contents; furnishing of blank forms; filing of duplicate copies |
| § 39-2-13. Employment certificates -- Disposition of certificates upon termination of employment or failure to appear for work for 30 days; requirements as to issuance of subsequent certificates |
| § 39-2-14. Employment certificates -- Revocation of certificates by Commissioner of Labor |
| § 39-2-15. Maximum hours of employment of minors; effect of contracts providing longer hours |
| § 39-2-16. Prohibition on corporal punishment of minors; actions for damages |
| § 39-2-17. Improper dispositions of minor under 12; penalty |
| § 39-2-18. Applicability of provisions of chapter to minors employed as actors or performers |
| § 39-2-19. Enforcement of chapter |
| § 39-2-20. Penalty for violations of chapter |
| § 39-2-21. Injunctions |
REFS & ANNOS
TITLE 39 Chapter 2 NOTE
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1910, § 3149(1), are included in the annotations for this Code section.
OBJECT OF STATUTE. --One of the objects of the statute was to prevent the exposure of children under a designated age, and of the employers who would otherwise be called upon to work with such children, to the dangers incident to the presence of these immature and indiscreet persons in work places. Platt v. Southern Photo Material Co., 4 Ga. App. 159, 60 S.E. 1068 (1908), (decided under former Code 1910, § 3149(1)).
NEGLIGENCE QUESTION OF FACT. --In a case not covered by the statute, the question of the defendant's negligence in employing the young person at the particular occupation is usually one for the jury. Platt v. Southern Photo Material Co., 4 Ga. App. 159, 60 S.E. 1068 (1908), (decided under former Code 1910, § 3149(1)).
ACCEPTING EMPLOYMENT NOT CONTRIBUTORY NEGLIGENCE. --Minor under the age of 14 years, by accepting employment in a cotton mill in violation of statute, is not guilty of contributory negligence proximately causing injuries. International Cotton Mills v. Burnham, 284 F. 351 (5th Cir. 1922) (decided under former Code 1910, § 3149(1)).
ASSUMPTION OF RISKS. --Statutory prohibition against employing children under a prescribed age in a factory excludes the defense of the assumptions by the children of risks incident to such employment. Ransom v. Nunnally Co., 26 Ga. App. 222, 105 S.E. 822 (1921), (decided under former Code 1910, § 3149(1)).
DILIGENCE REQUIRED OF CHILDREN. --Diligence required of children of tender years is not to be measured by the ordinary care required of an adult; but due care in such a child is such care as its capacity, mental and physical, fits it for exercising in the actual circumstances of the occasion and situation. Infants under 14 years of age are chargeable with contributory negligence resulting from a want of such care, and assuming the risk of those patent, obvious, and known dangers which the infants are able to appreciate and avoid. Evans v. Mills, 119 Ga. 448, 46 S.E. 674 (1904), (decided under former Code 1910, § 3149(1)).
FELLOW-SERVANT DOCTRINE NOT APPLICABLE. --As a general rule, the master is not liable to one servant for injuries inflicted by a fellow servant because the risk thereof is one of those assumed in the contract of employment. But this doctrine does not apply to infants of tender years and the question of such negligence should be submitted to the jury. Evans v. Mills, 119 Ga. 448, 46 S.E. 674 (1904), (decided under former Code 1910, § 3149(1)).
PROVISION IN AN EMPLOYER'S LIABILITY POLICY OF INSURANCE to the effect that the policy shall not apply to injuries sustained by any person employed by the insured "in violation of law as to age, or under the age of 14 years if there is no legal age limit," contemplates a violation of statutory law. Savannah Kaolin Co. v. Travelers Ins. Co., 35 Ga. App. 24, 131 S.E. 919 (1926), (decided under former Code 1910, § 3149(1)).
RESEARCH REFERENCES
ALR. --Constitutionality of child labor laws, 12 ALR 1216; 21 ALR 1437.
Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter's injury or death while in such employment, 40 ALR 1206.
Applicability and effect of workmen's compensation acts in case of injuries to minors, 49 ALR 1435; 60 ALR 847; 83 ALR 416; 142 ALR 1018.
Constitutionality, construction, and application of statute or ordinance relating to child labor in streets, 152 ALR 579.
What is a "factory" within statutes relating to safety and health of employees, 163 ALR 447.
Validity, construction, and effect of court's approval of contract of minor's services, 3 ALR2d 702.
Lawn mowing by minors as violation of child labor statutes, 56 ALR3d 1166.
Statutory change of age of majority as affecting preexisting status or rights, 75 ALR3d 228.
Workers' compensation statute as barring illegally employed minor's tort action, 77 ALR4th 844.
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1910, § 3149(1), are included in the annotations for this Code section.
OBJECT OF STATUTE. --One of the objects of the statute was to prevent the exposure of children under a designated age, and of the employers who would otherwise be called upon to work with such children, to the dangers incident to the presence of these immature and indiscreet persons in work places. Platt v. Southern Photo Material Co., 4 Ga. App. 159, 60 S.E. 1068 (1908), (decided under former Code 1910, § 3149(1)).
NEGLIGENCE QUESTION OF FACT. --In a case not covered by the statute, the question of the defendant's negligence in employing the young person at the particular occupation is usually one for the jury. Platt v. Southern Photo Material Co., 4 Ga. App. 159, 60 S.E. 1068 (1908), (decided under former Code 1910, § 3149(1)).
ACCEPTING EMPLOYMENT NOT CONTRIBUTORY NEGLIGENCE. --Minor under the age of 14 years, by accepting employment in a cotton mill in violation of statute, is not guilty of contributory negligence proximately causing injuries. International Cotton Mills v. Burnham, 284 F. 351 (5th Cir. 1922) (decided under former Code 1910, § 3149(1)).
ASSUMPTION OF RISKS. --Statutory prohibition against employing children under a prescribed age in a factory excludes the defense of the assumptions by the children of risks incident to such employment. Ransom v. Nunnally Co., 26 Ga. App. 222, 105 S.E. 822 (1921), (decided under former Code 1910, § 3149(1)).
DILIGENCE REQUIRED OF CHILDREN. --Diligence required of children of tender years is not to be measured by the ordinary care required of an adult; but due care in such a child is such care as its capacity, mental and physical, fits it for exercising in the actual circumstances of the occasion and situation. Infants under 14 years of age are chargeable with contributory negligence resulting from a want of such care, and assuming the risk of those patent, obvious, and known dangers which the infants are able to appreciate and avoid. Evans v. Mills, 119 Ga. 448, 46 S.E. 674 (1904), (decided under former Code 1910, § 3149(1)).
FELLOW-SERVANT DOCTRINE NOT APPLICABLE. --As a general rule, the master is not liable to one servant for injuries inflicted by a fellow servant because the risk thereof is one of those assumed in the contract of employment. But this doctrine does not apply to infants of tender years and the question of such negligence should be submitted to the jury. Evans v. Mills, 119 Ga. 448, 46 S.E. 674 (1904), (decided under former Code 1910, § 3149(1)).
PROVISION IN AN EMPLOYER'S LIABILITY POLICY OF INSURANCE to the effect that the policy shall not apply to injuries sustained by any person employed by the insured "in violation of law as to age, or under the age of 14 years if there is no legal age limit," contemplates a violation of statutory law. Savannah Kaolin Co. v. Travelers Ins. Co., 35 Ga. App. 24, 131 S.E. 919 (1926), (decided under former Code 1910, § 3149(1)).
RESEARCH REFERENCES
ALR. --Constitutionality of child labor laws, 12 ALR 1216; 21 ALR 1437.
Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter's injury or death while in such employment, 40 ALR 1206.
Applicability and effect of workmen's compensation acts in case of injuries to minors, 49 ALR 1435; 60 ALR 847; 83 ALR 416; 142 ALR 1018.
Constitutionality, construction, and application of statute or ordinance relating to child labor in streets, 152 ALR 579.
What is a "factory" within statutes relating to safety and health of employees, 163 ALR 447.
Validity, construction, and effect of court's approval of contract of minor's services, 3 ALR2d 702.
Lawn mowing by minors as violation of child labor statutes, 56 ALR3d 1166.
Statutory change of age of majority as affecting preexisting status or rights, 75 ALR3d 228.
Workers' compensation statute as barring illegally employed minor's tort action, 77 ALR4th 844.