TO: All Assignors, Instructors, and Assessors
FROM: Scott K. Meyer, State Referee Administrator
SUBJECT: Virginia Child Labor Law and Minors as Referees
The question has been raised whether the use of minors as referees violates the Virginia Child Labor Law. The information contained in this memorandum was developed by Richard Martin, the Referee Area Administrator for the Central Region, and the Manager, Policy and Planning, Division of Legislative Affairs, Virginia Department of Social Services. It is based on provisions of the Code of Virginia, the provisions of the Virginia Administrative Code, and from discussions with members of the Virginia Department of Labor and Industry.
While I believe the information contained in this memorandum is accurate and correctly portrays the exemptions and restrictions when using minors as referees, this memorandum is not a legal opinion. Any assignor or club administrator who has questions should seek legal advice from a qualified attorney or representative of the Department of Labor and Industry.
I. Virginia Child Labor Law Employment Provisions
A. General
With certain exceptions, the Virginia Child Labor Law prohibits employment of minors under the age of 14 and requires work permits for all minors under the age of 16. “Employment” is very broadly defined and includes “suffered or permitted to work” in any gainful occupation so that it covers minors working as independent contractors as well as minors working as employees.
B. Referee Exemption
The Virginia legislature has enacted an exception to the Virginia Child Labor Law specifically aimed at permitting minors to officiate sports programs. A minor is permitted to officiate sports programs without a work permit if the minor is:
(1) 13 years of age or older, and
(2) (A) employed by a not-for-profit organization as a referee for sports programs sponsored by that not-for-profit organization, or
(B) employed by an organization recognized by the United States Olympic Committee.
There is NO exemption for a minor under the age of 13. Likewise, there is NO exemption for any minor under the age of 16 if the minor is employed by an organization not listed under paragraph (2)(A) or (B) above. The Virginia Child Labor Law prohibits their employment (“suffered or permitted to work”).
II. Virginia Child Labor Law “Overworked” Provisions
The employment exemption referred to in part I of this memorandum only gives permission to minors 13–15 years of age to work as referees. There is NO exemption, however, from the provisions that prohibit the minor from being overworked.
A minor under 16 years of age being used as a referee is overworked if the minor is employed, suffered, or permitted to work —
• during school hours;
• more than 18 hours in any week when school is in session;
• more than 3 hours in any one day when school is in session;
• more than 40 hours in any week when school is not in session;
• more than 8 hours in any day when school is not in session;
• before 7 AM or after 7 PM, except between June 1 and Labor day when the minor may work until 9 PM; or
• for more than 5 hours without a break of at least 30 minutes.
III. Minors Who Are Not Paid
If minors working as referees for youth games are not paid, are they exempt from the Virginia Child Labor Law? The answer is “No” with regard to the overwork provisions and “Probably” with regard to using unpaid minors under the age of 13 who are NOT being overworked.
Regardless of whether minor referees under the age of 16 are paid, they are not exempt from being overworked as explained in part II of this memorandum. Members of the Labor and Industry staff have indicated that the use of unpaid referees under the age of 13, who are not being overworked, does not violates the Virginia Child Labor Law. Since this is an undocumented opinion, any club or league that wants to use unpaid referees under the age of 13 may want to seek legal advice.
IV. Assignors
It appears clear that if a volunteer assignor works for a not-for-profit club or league without compensation (except expenses) and any payments to the referees are made by the club or league, then the assignor is acting on behalf of the club or league and referees ages 13–15 are exempt from the Virginia Child Labor Law. When the assignor acts as an independent contractor working for a league or club or when an assignor works for a referee association, it is not clear whether the referees assigned by that assignor are exempt from the Virginia Child Labor Law. Any assignor working as an independent contractor or working for a referee association may want to seek legal advice.
V. Penalties
Violation of the Virginia Child Labor Law employment provisions (discussed in part I of this memorandum) is a maximum $1,000 civil penalty for each violation.
Violation of the Virginia Child Labor Law “overworked” provisions (discussed in part II of this memorandum) is a class 6 felony.
VI. Applicable Documents
1. Child Labor Law, Chapter 5, Title 40.1 of the Code of Virginia (paragraphs 40.1-78 through 40.1-116).
2. Chapter 40 of title 16 the Virginia Administrative Code contains several sections that specifically apply:
• 16VAC15-40-10 Definitions
• 16VAC15-40-20 Scope and Application
• 16VAC15-40-30 Hours of work in nonagricultural employment
