40.1-113 - Child labor offenses; civil penalties. - Virginia Statutes

§ 40.1-113. Child labor offenses; civil penalties.

A. Whoever employs, procures, or, having under his control, permits a childto be employed, or issues an employment certificate, in violation of any ofthe provisions of this chapter other than §§ 40.1-100.2, 40.1-103 and40.1-112, shall be subject to a civil penalty that (i) shall not exceed$10,000 for each violation that results in the employment of a child who isseriously injured or who dies in the course of that employment and (ii) shallnot exceed $1,000 for each other violation. In determining the amount of suchpenalty, the appropriateness of such penalty to the size of the business ofthe person charged and the gravity of the violation shall be considered. Thedetermination by the Commissioner shall be final, unless within fifteen daysafter receipt of such notice the person charged with the violation notifiesthe Commissioner by certified mail that he intends to contest the proposedpenalty before the appropriate general district court.

B. Civil penalties owed under this section shall be paid to the Commissionerfor deposit into the general fund of the treasury of the Commonwealth. TheCommissioner shall prescribe procedures for the payment of proposed penaltieswhich are not contested by employers.

(Code 1950, § 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979, c. 348;1982, c. 416; 1991, c. 511; 2007, c. 667.)