Section 39-2-11. Employment certificates -- Required; requirements for issuance

   (a) No minor between the ages of 12 and 16 years shall be employed by or permitted to work for any person, firm, or corporation unless a certificate, showing the true age of such minor and that such minor is not less than 12 years of age and is physically fit to engage in the employment sought to be obtained, shall be issued by the school superintendent or by some member of his staff authorized by him in writing, in the county or city where the minor resides or, if a student at a licensed private school, by the principal administrative officer thereof or by some member of his staff authorized by him in writing. A certificate shall also be required for employment of minors between the ages of 16 and 18.

(b) The certificate provided for in subsection (a) of this Code section must show that the minor is 16 years of age to qualify such minor to work between the hours of 9:00 P.M. and 6:00 A.M. and to be employed in any of the occupations covered by Code Section 39-2-2.

(c) No employment certificate shall be issued to any minor until he shall have submitted to the issuing officer:

   (1) A certified copy of a birth certificate or birth registration card; and

   (2) A statement from the prospective employer indicating that if he were furnished with a certificate from the school superintendent as required by law, he could employ the minor immediately and describing the type of employment offered. It shall be understood that the prospective employer, by furnishing such statement, does not undertake to employ the minor for any specific period of time.

(d) A like certificate, a copy of which shall be made a part of the minor's school file, shall be issued in cases of all minors between the ages of 16 and 18. The certificate must show that the minor is fully 16 years of age in order to qualify the minor to work between the hours of 9:00 P.M. and 6:00 A.M. and to be employed in any of the occupations covered by Code Section 39-2-2. In addition to the certificate, the superintendent of schools, or some member of his staff authorized by him, shall issue an identification card to each minor in this category of employment. The identification card will certify that the minor is eligible for employment. The minor shall be exempt from future filings of employment certificates unless his certificate is revoked by the Commissioner of Labor.

(e) (1) The certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the minor's school administrator indicating that the minor is enrolled in school full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minor's employment file. Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 18 years or receives a high school diploma, a general educational development (GED) diploma, a special education diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school. Any employer failing to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to 12 months' imprisonment, or both, for each violation.

   (2) The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor.

Ga. L. 1925, p. 291, § 4; Code 1933, § 54-304; Ga. L. 1946, p. 67, § 7; Ga. L. 1981, p. 792, § 3; Ga. L. 2004, p. 107, § 21A; Ga. L. 2010, p. 878, § 39/HB 1387.