An Act To Conform State Law to Federal Law While Promoting Safe Working Environments for Minors
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 or in connection with agriculture nonagricultural or agricultural employment, except for agricultural employment in 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 as long as the employment is in accordance with rules adopted pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570. 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 under 14 years of age employed in school lunch programs, if limited to serving food and cleaning up dining rooms , or in a business solely owned by the minor's parents. A parent is prohibited from employing the parent's minor child in occupations declared hazardous by the director pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570.
Sec. 2. 26 MRSA §772, sub-§2, as amended by PL 2009, c. 631, §47 and affected by §51, is further amended to read:
Sec. 3. 26 MRSA §773, as amended by PL 2009, c. 487, Pt. B, §12, is repealed.
Sec. 4. 26 MRSA §773-A is enacted to read:
§ 773-A. Occupations
The provisions of this subsection pertaining to manufacturing establishments do not apply to minors 14 years of age or older and under 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 produced on the premises for retail sale locally, regardless of trade name or brand or coined name.
The provisions of this subsection pertaining to hotels or rooming houses do not apply to minors 14 years of age or older and under 16 years of age who are employed in outdoor occupations on the grounds of a hotel or who are employed in kitchens, dining rooms, lobbies and offices of a hotel. Minors 14 years of age or older and under 16 years of age may perform housekeeping duties but only in the presence or line of sight of an adult. Minors 14 years of age or older and under 16 years of age are expressly prohibited from performing room service and making deliveries to guest rooms.
The provisions of this subsection pertaining to bakeries do not apply to minors 14 years of age or older and under 16 years of age who are employed in retail sales, product decorating, customer service operations or office work for these establishments, as long as the retail, decorating, customer service or office areas are in a room separate from any baking operation.
Notwithstanding other provisions of this subsection, a minor 14 years of age or older and under 16 years of age may be employed at a commercial place of amusement operating at a permanent location, except that minors may not be employed at games of chance as defined in Title 17, chapter 62 or hazardous occupations as determined by the director.
This subsection does not apply to any minor 14 years of age or older and under 16 years of age employed in a business solely owned by the minor's parents. A parent is prohibited from employing the parent's minor child in occupations declared hazardous by the director pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 570.
Sec. 5. 26 MRSA §774, sub-§1, as amended by PL 2011, c. 174, §§1 to 3, is further amended to read:
Sec. 6. 26 MRSA §774, sub-§2, as amended by PL 1993, c. 434, §4, is further amended to read:
Sec. 7. 26 MRSA §775, sub-§4, as amended by PL 2001, c. 398, Pt. A, §1, is further amended to read:
The bureau may revoke the work permit if the director determines the minor has not been employed in accordance with section 773-A or section 774 or if the bureau has determined that the permit was improperly signed. The director shall notify the superintendent and the minor's employer in writing upon revoking a minor's work permit.
Sec. 8. 26 MRSA §775, sub-§5, as enacted by PL 1991, c. 544, §5, is further amended to read:
Sec. 9. 26 MRSA §775, sub-§6, as amended by PL 1993, c. 527, §1, is further amended to read:
Sec. 10. 26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, §2, is further amended to read:
§ 777. Permit formats
The blank work permit required by section 775 must be formulated by the director and furnished by appropriate means by the director to the persons authorized to sign work permits. The forms of the permits must be approved by the Attorney General. Every work permit must be made out in triplicate. All triplicates, accompanied by the original papers on which the permits were signed, must be forwarded to the bureau by the officer signing the permits, within 24 hours of the time the permit was signed. The bureau shall examine the papers and promptly return them to the officer 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. Permit forms may be made available by the bureau and submitted in paper or electronic format as long as the parent's or guardian's signature is submitted to the superintendent.
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. 11. 26 MRSA §781, sub-§2, as enacted by PL 1991, c. 544, §10, is amended to read:
Sec. 12. 39-A MRSA §408, sub-§§1 and 2, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, are amended to read:
This bill amends laws relating to minors 14 and 15 years of age to allow them to work in bowling alleys and movie theaters and to clarify their employment in bakeries, hotels and rooming houses. It updates a provision regarding work permits for minors by deleting language dealing with triplicate permits and a master permit system and allowing for use of electronic permit submission and approval. It moves the occupational restrictions for minors 16 and 17 years of age to the section with occupational restrictions for minors 14 and 15 years of age. It also clarifies that graduates of vocational programs who are under 18 years of age can work in the occupations for which they were trained.