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2021 Georgia Code
Title 39 - Minors
Chapter 2 - Regulation of Employment of Minors
§ 39-2-2. Employment of Minors Under 16 Years of Age Generally - Dangerous Employment

Universal Citation:
GA Code § 39-2-2 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

No minor under the age of 16 years shall be employed or permitted to work at any occupation or in any position which the Commissioner of Labor may declare by regulation dangerous to life and limb or injurious to the health or morals of such minor.

(Ga. L. 1925, p. 291, § 3; Code 1933, § 54-303; Ga. L. 1946, p. 67, § 2; Ga. L. 1981, p. 792, § 2.)

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

JUDICIAL DECISIONS

Sumary judgment upheld as to premises owner.

- In a wrongful death action premised on both negligence and negligence per se filed on behalf of a mother's deceased minor son, a premises owner was properly granted summary judgment, as the independent contractor that hired the decedent, and not the premises owner, had sole control over the contractor's personnel, and the son's hazardous occupation on the owner's premises for a third party did not in and of itself demonstrate that the owner was in violation of Georgia's child labor laws; thus, the appeals court declined to reach the issue of whether an owner who knew or had reason to know that its independent contractor was employing a minor under the age of 16 to perform a dangerous occupation on the owner's premises was in violation of O.C.G.A. § 39-2-2. Benson-Jones v. Sysco Food Servs. of Atlanta, LLC, 287 Ga. App. 579, 651 S.E.2d 839 (2007).

Cited in McKinnon v. Streetman, 192 Ga. App. 647, 385 S.E.2d 691 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Fifteen-year-old married minors are not exempt from the prohibition against hazardous occupations contained in O.C.G.A. § 39-2-2. 1986 Op. Att'y Gen. No. 86-5.

RESEARCH REFERENCES

ALR.

- Constitutionality, construction, and application of statute or ordinance relating to child labor in streets, 152 A.L.R. 579.

Lawn mowing by minors as violation of child labor statutes, 56 A.L.R.3d 1166.

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