{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-113.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-113.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-113.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-113.html"}],"law_id":76735,"edition_id":1,"section_id":76735,"structure_id":14416,"section_number":"40.1-113","catch_line":"Child labor offenses; civil penalties","history":"Code 1950, \u00a7 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979, c. 348; 1982, c. 416; 1991, c. 511; 2007, c. 667; 2015, c. 285; 2024, c. 369.","full_text":"A\n\nWhoever employs, procures, or, having under his control, permits a child to be employed in violation of any of the provisions of this chapter other than §§ 40.1-100.2, 40.1-103 and 40.1-112 shall be subject to a civil penalty that (i) shall not exceed $25,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of that employment and (ii) shall not be less than $500 or exceed $2,500 for each other violation. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.B\n\nThe Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner’s decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner’s findings of fact.C\n\nCivil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.","order_by":null,"text":{"0":{"id":275482,"text":"Whoever employs, procures, or, having under his control, permits a child to be employed in violation of any of the provisions of this chapter other than §§ 40.1-100.2, 40.1-103 and 40.1-112 shall be subject to a civil penalty that (i) shall not exceed $25,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of that employment and (ii) shall not be less than $500 or exceed $2,500 for each other violation. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275483,"text":"The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner’s decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner’s findings of fact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275484,"text":"Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14416,"edition_id":1,"name":"Child Labor","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:48:04","date_modified":"2026-06-26 03:48:04","permalink":{"id":220519,"object_type":"structure","relational_id":14416,"identifier":"5","token":"40.1\/5","url":"\/40.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65234,"structure_id":14416,"section_number":"40.1-100","catch_line":"Certain employment prohibited or limited","url":"\/40.1-100\/","token":"40.1\/5\/40.1-100","metadata":false},{"id":74950,"structure_id":14416,"section_number":"40.1-100.1","catch_line":"Employment where hazard capable of causing serious physical harm or death","url":"\/40.1-100.1\/","token":"40.1\/5\/40.1-100.1","metadata":false},{"id":71062,"structure_id":14416,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","url":"\/40.1-100.2\/","token":"40.1\/5\/40.1-100.2","metadata":false},{"id":71215,"structure_id":14416,"section_number":"40.1-101","catch_line":"Qualifications as to theaters","url":"\/40.1-101\/","token":"40.1\/5\/40.1-101","metadata":false},{"id":61085,"structure_id":14416,"section_number":"40.1-102","catch_line":"Issuance of theatrical permit","url":"\/40.1-102\/","token":"40.1\/5\/40.1-102","metadata":false},{"id":63705,"structure_id":14416,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","url":"\/40.1-103\/","token":"40.1\/5\/40.1-103","metadata":false},{"id":80111,"structure_id":14416,"section_number":"40.1-104","catch_line":"Age certificates","url":"\/40.1-104\/","token":"40.1\/5\/40.1-104","metadata":false},{"id":85420,"structure_id":14416,"section_number":"40.1-105","catch_line":"Repealed","url":"\/40.1-105\/","token":"40.1\/5\/40.1-105","metadata":false},{"id":57443,"structure_id":14416,"section_number":"40.1-106","catch_line":"Repealed","url":"\/40.1-106\/","token":"40.1\/5\/40.1-106","metadata":false},{"id":57728,"structure_id":14416,"section_number":"40.1-109","catch_line":"Newspaper carriers on regular routes; hours","url":"\/40.1-109\/","token":"40.1\/5\/40.1-109","metadata":false},{"id":63994,"structure_id":14416,"section_number":"40.1-109.1","catch_line":"Child engaged in the work of content creation; criteria","url":"\/40.1-109.1\/","token":"40.1\/5\/40.1-109.1","metadata":false},{"id":73698,"structure_id":14416,"section_number":"40.1-109.2","catch_line":"Child engaged in the work of content creation; trust account","url":"\/40.1-109.2\/","token":"40.1\/5\/40.1-109.2","metadata":false},{"id":56362,"structure_id":14416,"section_number":"40.1-110","catch_line":"Repealed","url":"\/40.1-110\/","token":"40.1\/5\/40.1-110","metadata":false},{"id":82909,"structure_id":14416,"section_number":"40.1-111","catch_line":"Repealed","url":"\/40.1-111\/","token":"40.1\/5\/40.1-111","metadata":false},{"id":86064,"structure_id":14416,"section_number":"40.1-112","catch_line":"Solicitation generally","url":"\/40.1-112\/","token":"40.1\/5\/40.1-112","metadata":false},{"id":76735,"structure_id":14416,"section_number":"40.1-113","catch_line":"Child labor offenses; civil penalties","url":"\/40.1-113\/","token":"40.1\/5\/40.1-113","metadata":false},{"id":83103,"structure_id":14416,"section_number":"40.1-114","catch_line":"Enforcement of child labor law","url":"\/40.1-114\/","token":"40.1\/5\/40.1-114","metadata":false},{"id":87321,"structure_id":14416,"section_number":"40.1-115","catch_line":"School attendance","url":"\/40.1-115\/","token":"40.1\/5\/40.1-115","metadata":false},{"id":81561,"structure_id":14416,"section_number":"40.1-116","catch_line":"Curfew ordinances not affected","url":"\/40.1-116\/","token":"40.1\/5\/40.1-116","metadata":false},{"id":60283,"structure_id":14416,"section_number":"40.1-78","catch_line":"Employment of children under fourteen and sixteen","url":"\/40.1-78\/","token":"40.1\/5\/40.1-78","metadata":false},{"id":70180,"structure_id":14416,"section_number":"40.1-79","catch_line":"Repealed","url":"\/40.1-79\/","token":"40.1\/5\/40.1-79","metadata":false},{"id":68360,"structure_id":14416,"section_number":"40.1-79.01","catch_line":"Exemptions from chapter generally","url":"\/40.1-79.01\/","token":"40.1\/5\/40.1-79.01","metadata":false},{"id":68751,"structure_id":14416,"section_number":"40.1-79.1","catch_line":"Exemptions from chapter generally; participation in volunteer fire company activities","url":"\/40.1-79.1\/","token":"40.1\/5\/40.1-79.1","metadata":false},{"id":74532,"structure_id":14416,"section_number":"40.1-80","catch_line":"Repealed","url":"\/40.1-80\/","token":"40.1\/5\/40.1-80","metadata":false},{"id":65788,"structure_id":14416,"section_number":"40.1-80.1","catch_line":"Employment of children","url":"\/40.1-80.1\/","token":"40.1\/5\/40.1-80.1","metadata":false},{"id":65467,"structure_id":14416,"section_number":"40.1-81","catch_line":"Repealed","url":"\/40.1-81\/","token":"40.1\/5\/40.1-81","metadata":false},{"id":76519,"structure_id":14416,"section_number":"40.1-81.1","catch_line":"Records to be kept by employers","url":"\/40.1-81.1\/","token":"40.1\/5\/40.1-81.1","metadata":false},{"id":78098,"structure_id":14416,"section_number":"40.1-82","catch_line":"Repealed","url":"\/40.1-82\/","token":"40.1\/5\/40.1-82","metadata":false},{"id":55764,"structure_id":14416,"section_number":"40.1-83","catch_line":"Repealed","url":"\/40.1-83\/","token":"40.1\/5\/40.1-83","metadata":false},{"id":62901,"structure_id":14416,"section_number":"40.1-84","catch_line":"Employment certificate required","url":"\/40.1-84\/","token":"40.1\/5\/40.1-84","metadata":false},{"id":56276,"structure_id":14416,"section_number":"40.1-85","catch_line":"Kinds of employment certificates","url":"\/40.1-85\/","token":"40.1\/5\/40.1-85","metadata":false},{"id":70943,"structure_id":14416,"section_number":"40.1-86","catch_line":"Repealed","url":"\/40.1-86\/","token":"40.1\/5\/40.1-86","metadata":false},{"id":60906,"structure_id":14416,"section_number":"40.1-87","catch_line":"Vacation or part-time employment certificate","url":"\/40.1-87\/","token":"40.1\/5\/40.1-87","metadata":false},{"id":85038,"structure_id":14416,"section_number":"40.1-88","catch_line":"Work-training certificate","url":"\/40.1-88\/","token":"40.1\/5\/40.1-88","metadata":false},{"id":56651,"structure_id":14416,"section_number":"40.1-89","catch_line":"Same; employment not allowed; revocation of certificate","url":"\/40.1-89\/","token":"40.1\/5\/40.1-89","metadata":false},{"id":68366,"structure_id":14416,"section_number":"40.1-90","catch_line":"Repealed","url":"\/40.1-90\/","token":"40.1\/5\/40.1-90","metadata":false},{"id":78116,"structure_id":14416,"section_number":"40.1-92","catch_line":"Issuance of certificates","url":"\/40.1-92\/","token":"40.1\/5\/40.1-92","metadata":false},{"id":68585,"structure_id":14416,"section_number":"40.1-93","catch_line":"Proof required for employment certificate","url":"\/40.1-93\/","token":"40.1\/5\/40.1-93","metadata":false},{"id":56070,"structure_id":14416,"section_number":"40.1-94","catch_line":"Proofs of age","url":"\/40.1-94\/","token":"40.1\/5\/40.1-94","metadata":false},{"id":79690,"structure_id":14416,"section_number":"40.1-95","catch_line":"Repealed","url":"\/40.1-95\/","token":"40.1\/5\/40.1-95","metadata":false},{"id":71829,"structure_id":14416,"section_number":"40.1-96","catch_line":"Contents of employment certificates","url":"\/40.1-96\/","token":"40.1\/5\/40.1-96","metadata":false},{"id":66317,"structure_id":14416,"section_number":"40.1-97","catch_line":"Repealed","url":"\/40.1-97\/","token":"40.1\/5\/40.1-97","metadata":false},{"id":76754,"structure_id":14416,"section_number":"40.1-98","catch_line":"Repealed","url":"\/40.1-98\/","token":"40.1\/5\/40.1-98","metadata":false}],"previous_section":{"id":86064,"structure_id":14416,"section_number":"40.1-112","catch_line":"Solicitation generally","url":"\/40.1-112\/","token":"40.1\/5\/40.1-112","metadata":false},"next_section":{"id":83103,"structure_id":14416,"section_number":"40.1-114","catch_line":"Enforcement of child labor law","url":"\/40.1-114\/","token":"40.1\/5\/40.1-114","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-113\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 504; in 1970, chapter 321; in 1973, chapter 425; in 1979, chapter 348; in 1982, chapter 416; in 1991, chapter 511; in 2007, chapter 667<\/a>; in 2015, chapter 285<\/a>; in 2024, chapter 369<\/a>.<\/p>","references":[{"id":74950,"section_number":"40.1-100.1","catch_line":"Employment where hazard capable of causing serious physical harm or death","order_by":null,"url":"\/40.1-100.1\/"}],"refers_to":[{"id":71062,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","order_by":null,"url":"\/40.1-100.2\/"},{"id":63705,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","order_by":null,"url":"\/40.1-103\/"},{"id":86064,"section_number":"40.1-112","catch_line":"Solicitation generally","order_by":null,"url":"\/40.1-112\/"}],"permalink":{"id":220581,"object_type":"law","relational_id":76735,"identifier":"40.1-113","token":"40.1\/5\/40.1-113","url":"\/40.1-113\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-113\/","token":"40.1\/5\/40.1-113","dublin_core":{"Title":"Child labor offenses; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-113","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whoever employs<\/span>, procures, or, having under his control, permits a child to be employed in violation of any of the provisions of this chapter other than §§ 40.1-100.2<\/a>, 40.1-103<\/a> and 40.1-112<\/a> shall be subject to a civil penalty<\/span> that (i) shall not exceed $25,000 for each violation that results in the employment of a child who is seriously injured or who dies in the course of that employment and (ii) shall not be less than $500 or exceed $2,500 for each other violation. In determining the amount of such penalty<\/span>, the appropriateness of such penalty<\/span> to the size of the business of the person charged and the gravity of the violation shall be considered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall notify any employer<\/span> who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer<\/span> may request an informal conference regarding such violation with the Commissioner<\/span>. If the employer<\/span> fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty<\/span> will become a final order<\/span> of the Commissioner<\/span> and not subject to review by any court<\/span> or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner<\/span> that will be appealable to the appropriate circuit<\/span> court<\/span>. The Department<\/span> shall send a copy of the Commissioner<\/span>’s decision to the employer<\/span> by certified mail or overnight delivery service. The employer<\/span> may file a notice of an appeal<\/span> only within 30 days from the receipt of the decision. The appeal<\/span> shall be on the agency record. With respect to matters of law<\/span>, the burden shall be on the party<\/span> seeking review to designate and demonstrate an error of law<\/span> subject to review by the court<\/span>. With respect to issues<\/span> of fact<\/span>, the duty of the court<\/span> shall be limited to ascertaining whether there was substantial evidence<\/span> in the record to reasonably support the Commissioner<\/span>’s findings<\/span> of fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Civil penalties owed under this section shall be paid to the Commissioner<\/span> for deposit into the general fund of the treasury of the Commonwealth. The Commissioner<\/span> shall prescribe procedures for the payment of proposed penalties which are not contested by employers<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHILD LABOR OFFENSES; CIVIL PENALTIES (\u00a7 40.1-113)\n\nA. Whoever employs, procures, or, having under his control, permits a child to\nbe employed in violation of any of the provisions of this chapter other than\n§§ 40.1-100.2, 40.1-103 and 40.1-112 shall be subject to a civil\npenalty that (i) shall not exceed $25,000 for each violation that results in the\nemployment of a child who is seriously injured or who dies in the course of that\nemployment and (ii) shall not be less than $500 or exceed $2,500 for each other\nviolation. In determining the amount of such penalty, the appropriateness of\nsuch penalty to the size of the business of the person charged and the gravity\nof the violation shall be considered.\n\nB. The Commissioner shall notify any employer who he alleges has violated any\nprovision of this section by certified mail or overnight delivery service. Such\nnotice shall contain a description of the alleged violation. Within 21 days of\nreceipt of notice of the alleged violation, the employer may request an informal\nconference regarding such violation with the Commissioner. If the employer fails\nto contest the violation by requesting such an informal conference within 21\ndays following receipt of the notice of the alleged violation, the violation and\nproposed penalty will become a final order of the Commissioner and not subject\nto review by any court or agency except upon a showing of good cause. Such\ninformal conference shall result in a decision by the Commissioner that will be\nappealable to the appropriate circuit court. The Department shall send a copy of\nthe Commissioner’s decision to the employer by certified mail or overnight\ndelivery service. The employer may file a notice of an appeal only within 30\ndays from the receipt of the decision. The appeal shall be on the agency record.\nWith respect to matters of law, the burden shall be on the party seeking review\nto designate and demonstrate an error of law subject to review by the court.\nWith respect to issues of fact, the duty of the court shall be limited to\nascertaining whether there was substantial evidence in the record to reasonably\nsupport the Commissioner’s findings of fact.\n\nC. Civil penalties owed under this section shall be paid to the Commissioner for\ndeposit into the general fund of the treasury of the Commonwealth. The\nCommissioner shall prescribe procedures for the payment of proposed penalties\nwhich are not contested by employers.\n\nHISTORY: Code 1950, \u00a7 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979,\nc. 348; 1982, c. 416; 1991, c. 511; 2007, c. 667; 2015, c. 285; 2024, c. 369.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}