|HB 0300||Powers & Duties of Dept. of Labor & Industrial Relations|
|Sponsor:||GREEN||Handling House Bill:||GOODE|
|Last Action:||07/05/95 - Signed by Governor (w/EC)|
|Title:||SCS/HCS/HBs 300 & 95|
|Effective Date:||August 28, 1995|
SCS/HCS/HBs 300 & 95 - This act contains provisions from several acts relating to the Department of Labor and Industrial Relations.
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS - Commission rulemaking is reviewable by the Joint Committee on Administrative Rules, but SB 3, also Truly Agreed To, exempts Commission rulemaking from review by the Committee. Appeals of Commission decisions are to the court of appeals rather than circuit court and the act sets criteria for the court to evaluate Commission decisions. It also strengthens the Commission's authority to set the prevailing wage.
Members of the State Board of Mediation shall be compensated in an amount set by the Director of the Department, not to exceed $50 per day, plus expenses.
These provisions are drawn from HCS/HBs 300 and 95.
The act clarifies the relationship between the Commission, the Department and the divisions within the Department. It also deletes a requirement that the Commission publish its opinions.
The act removes current law which requires that the Department unilaterally provide benefits for its employees. Benefits will be provided in cooperation with the Missouri Consolidated Health Care Plan. This change is in conformity with the recommendations of the Commission on Management and Productivity.
These provisions are contained in SB 478.
CHILD LABOR - New provisions are added to the law relating to the employment of children which require a person who seeks to employ a child in the entertainment industry to apply for a work permit from the Department of Labor and Industrial Relations. The act establishes how long a child may be at the place of employment, the hours of the day in which the child may work, and how long the child may remain at the work place. Certain exemptions are provided but the employer must apply for approval of the Department in advance.
The current law allows children age fourteen to sixteen to obtain a work certificate and this act clarifies provisions governing such employment. A child may not be employed after 9 p.m. under this act, but may be employed until 10 p.m. under current law.
A person who violates Chapter 294, RSMo, may be civilly liable for damages of from $50 to $1,000 for each violation. Each day of violation and each child involved in the violation constitute separate offenses. Any moneys awarded shall be placed in the Child Labor Enforcement Fund which in created in the act. Moneys do not lapse to general revenue and shall, upon appropriation, be used by the Division of Labor Standards to enforce Chapter 294, RSMo.
The Director may adopt rules to enforce Chapter 294 and such rules shall be subject to review by the Joint Committee on Administrative Rules.
These provisions were contained in SB 428 and in Truly Agreed To CCS/SS/SCS/HS/HB 414.
UNEMPLOYMENT COMPENSATION - The act requires claimants for unemployment compensation to participate in reemployment services as a condition of eligibility. Corporations may designate a "common paymaster" for determining and paying unemployment taxes. Governments/not-for-profits that lease employees to another unit to make payments in lieu of contributions for those leased employees (they can already make payments in lieu of contributions for regular employees).
Legislation enacted in 1994 exempted meals from the definition of wages for unemployment benefits, if provided by restaurants to the restaurant's employees. This act expands that exemption for all employers providing meals on-site (SB 285).
Any employer whose employees are not eligible for unemployment compensation or workers' compensation shall not be required to pay unemployment and workers' compensation taxes for those employees.
These provisions were drawn from SCS/SBs 220, 221 & 285. HB 403 and HB 487 contain similar provisions.
There is an emergency clause for certain sections.