By Jeffrey W. Peters
Summer is officially here, which means summer job season is beginning.
If you hire high school or college students, you should be aware of a few state
and federal child labor laws that apply to employment of minors. Generally, the
law limits the hours that minors can work. Keep in mind that Maine places
additional restrictions on employment of children less than 16 years of
age. The applicable rules also vary to some degree depending on the type
of work being performed. Generally, minors are not allowed to perform
dangerous work. For a summary of federal and state rules specific to your
business or industry, visit The U.S. Department of Labor website for federal rules,
or visit The Maine Department of Labor website for Maine rules.
Employers should be aware of the following general requirements:
Work permits – who can apply?
- Minors under 16 years of age must obtain a work permit before beginning a
job, even if they work for their parents. To apply for a work permit, the
minor must be 1) enrolled in school; 2) not habitually truant or under
suspension and 3) passing the majority of courses during the current grading
period.
- Work permits are completed by the Superintendent’s office for the school
district in which the student is enrolled. These rules also apply to home
schooled students.
What must employers know about work permits?
- Employers must have a stamped, approved work permit on file before allowing
any minor less than 16 years of age to work.
- The minor cannot work until the Department of Labor approves the work
permit, which may take up to a week.
- Work permits are not transferable to other jobs and a minor under 16 needs a
separate work permit for each place of employment.
- Minors are allowed to have one active permit during the school year and two
active permits during the summer.
- Employers must keep and retain accurate daily records of hours worked by
minors.
How many hours can minors work?
Two Maine rules limit the hours that any minor may work: One applies to
minors under 16 years of age and the other applies to minors who are 16 and 17
years of age. The State of Maine Department of Labor website provides an
excellent summary of these requirements.
Are certain types of work prohibited?
Generally, minors under the age of 16 are prohibited from working in
hazardous jobs, but both federal and state rules place specific limitations on
the type of work that minors can perform. Specific, separate restrictions
apply to 14 and 15 year old workers. Click here to view Maine’s restrictions. Federal restrictions are
available here.
Do employers have to post information regarding employment of minors?
Maine does require placement of a child labor law poster in the workplace
where workers can easily see it. This poster summarizes the applicable
Maine law that applies to employment of minors and provides a very good summary
for employers. To access it, click here.
Is Farm employment allowed?
Both federal and state child labor laws include exemptions for certain types
of farm labor. Generally, agricultural product processing operations are
not included in this
exemption.
If you employ minors, be sure to review the specific federal and state
requirements to ensure that you are in compliance with the law. The above
information provides a general summary of the rules – if you have any questions,
please call us and we can guide you through the rules. Enjoy your summer season!
