HP0978, LD 1420, item 1, An Act Regarding Work Permits for Minors under 16 Years of Age

An Act Regarding Work Permits for Minors under 16 Years of Age

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §771, as amended by PL 1991, c. 544, §4, is further amended to read:

§ 771. Minors under 14 years of age

A minor under 14 years of age may not be employed, permitted or suffered to work in , about nonagricultural employment or in connection with agriculture, except for the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances , any eating place, automatic laundries, retail establishment where frozen dairy products are manufactured on the premises, sporting or overnight camp, mercantile establishment or in outdoor occupations on the grounds of a hotel, and a minor between the ages of 14 and 16 years may not be so employed when the distance between the work place and the home of the minor, or any other factor, necessitates the minor's remaining away from home overnight. This section does not apply to any such minor who is employed directly by, with or under the supervision of either or both of the minor's parents; or to any such minor employed in school lunch programs, if limited to serving food and cleaning up dining rooms.

Sec. 2. 26 MRSA §773, as amended by PL 2009, c. 487, Pt. B, §12, is further amended to read:

§ 773. Minors 14 and 15 years of age prohibited in certain places

A minor under who is at least 14 years of age and younger than 16 years of age may not be employed, permitted or suffered to work in, about or in connection with any manufacturing or mechanical establishment, hotel, rooming house, laundry, except those commonly known as automatic laundries, dry cleaning establishments, bakery , bowling alley, poolroom, or commercial places of amusement, including traveling shows and circuses, or in any theater or moving picture house or in conjunction with an amusement, game or show that allows or conducts betting. The provisions of this section pertaining to theaters do not apply to minors under 16 years of age who are employed or in training as theatrical actors or film actors. This section does not prohibit a minor under 16 years of age from performing work for a nonprofit organization that preserves film and other moving images and provides education and research opportunities for the public or for a theater that is operated by such an organization as an integral part of its mission.

The provisions of this section pertaining to manufacturing establishments shall do not apply to retail establishments employing minors under who are at least 14 years of age and younger than 16 years of age who are employed in retail establishments where any frozen dairy product or frozen dairy product mix or related food product is manufactured produced on the premises for retail sales locally, regardless of trade name or brand or coined name.

The provisions of this section pertaining to hotels do not apply to minors under 16 years of age who are employed in outdoor occupations on the grounds of a hotel or to minors 15 years of age who are employed in kitchens, dining rooms, lobbies and offices of a hotel. Minors 15 years of age are expressly prohibited from working in an area not listed as permitted and are expressly prohibited from performing room service, making deliveries of any sort to the hotel rooms or entering the hallways to those rooms.

The provisions of this section pertaining to manufacturing and mechanical establishments shall not apply to minors under 16 years of age who are employed on the grounds of a manufacturing or mechanical establishment, but who are assigned nonhazardous work which is performed outside of any building in which manufacturing or mechanical operations are undertaken.

The provisions of this section pertaining to manufacturing or mechanical establishments, laundries, dry cleaning establishments and bakeries shall do not apply to minors under who are at least 14 years of age and younger than 16 years of age who are employed in retail sales, customer service operations or office work for these establishments, provided that as long as retail, customer service or office areas are in a separate room.

Notwithstanding other provisions of this section, a minor under who is at least 14 years of age and younger than 16 years of age may be employed at a commercial place of amusement operating at a permanent location, except that minors under 16 years of age may not be employed at games of chance as defined in Title 17, chapter 62 or hazardous occupations as determined by the director.

Sec. 3. 26 MRSA §774, sub-§1, as amended by PL 2011, c. 174, §§1 to 3, is further amended to read:

1. Minors 16 and 17 years of age. A minor under who is at least 16 years of age and younger than 18 years of age, enrolled in school, may not be employed as follows:

A. More than 50 hours in any week when the minor's school is not in session;

B. More than 24 hours in any week when the minor's school is in session. In addition, the maximum weekly hours a minor may work is 50 hours during any week that the approved school calendar for the minor's school is less than 3 days or during the first or last week of the school calendar, regardless of how many days the minor's school is in session for the week. If requested, a school must provide verification of its closings to the minor's employer or the Department of Labor;

C. More than 10 hours in any day when the minor's school is not in session;

D. More than 6 hours in any day when the minor's school is in session, except that the minor may work up to 8 hours on the last scheduled day of the school week;

E. More than 6 consecutive days;

F. After 10:15 11:00 p.m. on a day preceding a day on which the minor's school is in session or after 12 midnight on a day that does not precede such a school day; or

G. Before 7 a.m. on a day on which the minor's school is in session or before 5 a.m. on any other day.

Sec. 4. 26 MRSA §774, sub-§2, ¶D, as enacted by PL 1991, c. 544, §5, is amended to read:

D. More than 3 hours in any day when school is in session; or

Sec. 5. 26 MRSA §774, sub-§2, ¶E, as enacted by PL 1991, c. 544, §5, is repealed.

Sec. 6. 26 MRSA §774, sub-§3, as amended by PL 1991, c. 713, §2, is further amended to read:

3. Employment during hours school in session. A minor under 17 who is at least 16 years of age and younger than 18 years of age may not be employed during the hours that the public schools of the town or city in which the minor resides are in session.

A. This subsection does not apply to:

(1) A minor who has been excused from attendance by school officials in accordance with Title 20-A, section 5001-A, subsection 2 or subsection 3, except that a minor who has been excused in accordance with subsection 3 may not be employed during the hours that the minor's school or approved home instruction program is in session;

(2) A student in an alternative education plan that includes a work experience component;

(3) A student in an approved vocational cooperative education program; or

(4) A student who is granted permission for an early school release by the school principal.

The hours worked by a student in an alternative education plan or in an approved vocational cooperative education program may not be included in determining the student's total hours of permitted employment under subsection 1 and subsection 2.

Sec. 7. 26 MRSA §774, sub-§4, as amended by PL 2009, c. 211, Pt. B, §23, is repealed and the following enacted in its place:

4. Exemptions. The restrictions set forth in this section do not apply to a minor performing work:

A. Planting, cultivating or harvesting field crops or other agricultural employment, including the initial processing of farm crops, as long as the work does not require direct contact with hazardous machinery or hazardous substances, in accordance with the Fair Labor Standards Act of 1938, 29 United States Code, Section 212;

B. As an employed or in-training theatrical actor or film actor;

C. Taking or catching lobsters, fish or other marine organisms, as long as the work does not require direct contact with hazardous machinery or hazardous substances, in accordance with the Fair Labor Standards Act of 1938, 29 United States Code, Section 212; or

D. At a business that is solely owned by the minor’s parent, as long as the work does not require direct contact with hazardous machinery or hazardous substances, in accordance with the Fair Labor Standards Act of 1938, 29 United States Code, Section 212.

Sec. 8. 26 MRSA §775, sub-§1, as amended by PL 2001, c. 398, Pt. A, §1, is further amended to read:

1. Work permit authority. A minor under 16 years of age may not be employed without a work permit signed by the superintendent of schools of the school administrative unit in which the minor resides and issued to the minor by the bureau. The superintendent may designate a school official to sign a work permit and that official is directly responsible to the superintendent for this activity minor's parent or guardian.

Sec. 9. 26 MRSA §775, sub-§2, as amended by PL 2011, c. 614, §21, is repealed.

Sec. 10. 26 MRSA §775, sub-§3, as amended by PL 2001, c. 398, Pt. A, §1, is further amended to read:

3. Proof of age. The superintendent may issue a permit only upon receiving and examining satisfactory evidence of the minor's age. Satisfactory evidence of a minor's age consists of a certified copy of the minor's birth certificate or baptismal record , or a passport showing the date of birth or other documentary evidence of age satisfactory to the superintendent and approved by the director. The superintendent may require, in doubtful cases, a certificate signed by a physician appointed by the school board, stating that the minor has been examined and, in that physician's opinion, has reached the normal development of a minor of the same age and is in sufficiently sound health and physically able to perform the work the minor intends to do.

Sec. 11. 26 MRSA §775, sub-§3-A, as enacted by PL 2001, c. 398, Pt. A, §1, is repealed.

Sec. 12. 26 MRSA §775, sub-§4, as amended by PL 2001, c. 398, Pt. A, §1, is repealed and the following enacted in its place:

4. Conditions for revocation. The bureau may revoke a work permit issued to a minor pursuant to this section if the director determines the minor has not been employed in accordance with section 773 or 774. The director shall notify the minor's employer in writing upon revoking a minor's work permit.

Sec. 13. 26 MRSA §775, sub-§5, as enacted by PL 1991, c. 544, §5, is amended to read:

5. Permit on file. The employer shall keep all work permits issued for the employer's minor employees on file , including copies of satisfactory evidence of age, and accessible to any attendance officer, factory inspector or other authorized officer charged with the enforcement of this subchapter.

Sec. 14. 26 MRSA §775, sub-§6, as amended by PL 1993, c. 527, §1, is repealed and the following enacted in its place:

6. Exceptions. This section does not apply to a minor:

A. Engaged in work performed in the planting, cultivating or harvesting of field crops or other agricultural employment, as long as the minor is not in direct contact with hazardous machinery or hazardous substances;

B. Engaged in household work;

C. Participating in a summer youth employment and training program funded by the Department of Labor that is exempt from obtaining individual permits; or

D. Participating in a business solely owned by the minor's parent, as long as the parent is not employing the minor child in an occupation declared hazardous under the Fair Labor Standards Act of 1938, 29 United States Code, Section 212.

Sec. 15. 26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, §2, is further amended to read:

§ 777. Blanks furnished; filing of permits; surrender and cancellation of permits

The blank work permit required by section 775 must be formulated by the director and furnished by the director to the persons authorized to sign work permits made available online and at bureau offices. The forms of the permits must be approved by the Attorney General. Every work permit must be made out in triplicate. All triplicates work permits, accompanied by the original papers on which the permits were signed and proof of age, must be forwarded to the bureau by the officer parent or guardian signing the permits , within 24 hours of the time the permit was signed. The bureau shall examine the papers and proof of age and promptly return them to the officer parent or guardian who sent them after validating the copies and retaining one copy for bureau files. The officer may then return to the minor all papers filed in proof of age. Whenever there is reason to believe that a work permit was improperly signed, the director, deputy director or agent shall notify the local superintendent of schools of the place in which the certificate was signed. The local superintendent shall cancel the permit when directed to do so by the director. The director may develop an electronic transmittal system to fulfill these requirements.

The director shall develop a master permit system for participants in summer youth employment and training programs funded by the Department of Labor. The master permit eliminates the need for prior approval by the director or the superintendent of schools. A minor on a master permit may be removed from the master permit for the same reasons and in the same manner as applicable to an individual work permit.

Sec. 16. 26 MRSA §779 is amended to read:

§ 779. Record of age received as evidence

Any record of age, as provided under section 775 777 to determine whether or not a work permit may be issued to any child, shall must be received as evidence of the age of such child in any prosecution under this subchapter.

Sec. 17. 26 MRSA §780, as amended by PL 1991, c. 544, §9, is further amended to read:

§ 780. Work permit conclusive for employer; documentary evidence of age

A work permit in regular form signed by a duly authorized officer parent or guardian, for all minors under 16 years of age, is conclusive evidence of age and educational attainment, in behalf of the employer of any minor, upon any prosecution for violation of the law relating to the employment of minors. An inspector of factories, attendance officer or other officer charged with the enforcement of this subchapter may make demand on any employer in or about whose place or establishment a minor apparently under the age of 16 years is employed, permitted or suffered to work, that such employer shall either furnish the inspector within 10 days documentary evidence of age as specified in section 775, or shall cease to employ, permit or suffer such minor to work in such place or establishment.

Sec. 18. 26 MRSA §781, sub-§1-A, ¶B, as enacted by PL 2001, c. 46, §1, is amended to read:

B. A violation of the number of hours a minor may work in any day under section 774, subsection 1, paragraph B , C or D or section 774, subsection 2, paragraph C or D, as long as the violation is not greater than 10 minutes per day; and

Sec. 19. 26 MRSA §781, sub-§1-A, ¶C, as enacted by PL 2001, c. 46, §1, is amended to read:

C. A violation of the number of hours worked in a week under section 774, subsection 1, paragraph A or B or section 774, subsection 2, paragraph A or B, as long as the violation is not greater than 50 minutes in a week.

summary

The purpose of this bill is to clarify the laws governing the employment of minors and to conform the State’s laws to federal law, thus expanding work opportunities for minors.

1. It clarifies that minors who are younger than 14 years of age may be employed only in the planting, cultivating or harvesting of field crops, or other agricultural employment that does not place them in direct contact with hazardous machinery or hazardous substances.

2. It conforms to federal law the hours that minors who are 16 and 17 years of age may work, by extending the permissible time until which such a minor may work on a day preceding a school day.

3. It eliminates the prohibition on minors under 16 years of age working more than 6 consecutive days.

4. Eliminates the prohibition on minors under 18 years of age working more than 50 hours per week when school is not in session.

5. It specifies that the restrictions on the hours of employment of minors does not apply to:

A. Agricultural employment that does not require direct contact with hazardous machinery or hazardous substances;

B. Employment or training as a theatrical actor or a film actor;

C. The taking or catching of lobsters, fish or other marine organisms, as long as the work does not require direct contact with hazardous machinery or hazardous substances; and

D. At a business that is solely owned by the minor’s parent, as long as the work does not require direct contact with hazardous machinery or hazardous substances.

6. It allows the parent or legal guardian of a minor under 16 years of age to sign a work permit for the minor and removes school superintendents from the work permit process. It requires copies of the minor's signed permit and proof of age to be kept at the minor's place of employment. It authorizes the Department of Labor, Bureau of Labor Standards to revoke a work permit.

7. It maintains the authority of the bureau to revoke work permits if state or federal law has been violated.

8. It repeals obsolete language dealing with triplicate permits and a master permit system.

HP0978 LD 1420	Session - 128th Maine Legislature		LR 1435 Item 1
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