Child Labor Laws: Family Business Exemptions In Maine?

Child labor laws are a serious matter, and violations can lead to the deterioration of children's health and well-being, in addition to impeding their access to education. In Maine, youth employment laws protect minors from working in unsafe or unhealthy conditions and ensure that their work does not compromise their education. These laws include minimum ages for employment and prohibited occupations. While family businesses are allowed to employ relatives under the age of 18, they must adhere to specific regulations to ensure children's safety and well-being. This includes restrictions on working hours and access to hazardous equipment or materials.

Work hours for minors under 14

In the state of Maine, minors under the age of 14 are generally not permitted to work. However, there are some exceptions to this rule. For example, youth camps, hospitals, nursing homes, and municipalities may offer certain non-hazardous jobs to minors under 14. Pre-teens may also perform agricultural work and age-appropriate family business tasks under the direct supervision of their parents. It is important to note that work permits are not required for individuals under 13, except for those working in the entertainment industry.

For minors under 14 who are employed, there are restrictions on the number of hours they are allowed to work per day and per week. During the school year, minors under 14 can work a maximum of three hours per day and 18 hours per week. On non-school days, such as weekends, holidays, and snow days, they can work up to eight hours. During the summer break, they can work between 7:00 am and 9:00 pm for a total of 40 hours per week. It is important to note that minors under 14 are not allowed to work more than six consecutive days during the summer break.

In addition to the hourly restrictions, minors under 14 are also prohibited from working during school hours. This means that they cannot work while public schools are in session.

To ensure compliance with labour laws and to protect the rights and well-being of young workers, employers must keep daily time records for minors. These records should include information such as the start and end times of their work, the total hours worked, and the wages paid.

It is worth noting that thesection 772 and in accordance with 29 Code of Federal Regulations, Part 570. This section does not apply to minors under 14 who are employed in school lunch programs or in a business solely owned by their parents, as long as they are performing non-hazardous tasks.

Work hours for minors aged 14-15

In Maine, minors aged 14-15 are unable to work during school hours and may only be on the job between 7:00 am and 7:00 pm. On school days, students may work a maximum of three hours. On non-weekends, holidays, and snow days, students can work a maximum of eight hours. In a regular school week, a student can work up to 18 hours and must receive one day off a week.

During the summer session, students can work any time between 7:00 am and 9:00 pm for a total of 40 hours per week. Minors may not work more than six consecutive days while on summer break.

Work hours for minors aged 16-17

In Maine, minors aged 16 and 17 who are enrolled in school may work no more than:

• 50 hours in a week when school is not in session;
• 24 hours in a week when school is in session;
• 10 hours in a day when school is not in session;
• 6 hours in a day when school is in session (up to 8 hours on the last scheduled day of the school week);
• 6 consecutive days;
• After 10:15 p.m. on a day preceding a school day or after midnight on a non-school day; or
• Before 7 a.m. on a school day or before 5 a.m. on any other day.

Prohibited jobs for minors

In Maine, youth employment laws are in place to protect minors from working in unsafe or unhealthy conditions and to ensure that their education is not compromised. These laws include minimum ages for employment and prohibited occupations. The list of prohibited occupations for minors was last revised in 2018 to align with federal restrictions.

Minors Under 16 Years of Age

• Any manufacturing, mining, or processing occupation (except those allowed in retail, food service, and gasoline service stations, and all other venues not prohibited by federal law).
• Motor vehicle driving of any kind and outside helper.
• Operation or tending of hoisting apparatus or power-driven machinery (except non-hazardous office machines or machines allowed by federal law in retail, food service, and gasoline service establishments).
• Construction occupations involving maintenance and repair of public highways, roofing, trenching, and excavation operations, work in boiler or engine rooms, outside window washing, and use of ladders, scaffolds, or similar equipment.
• Cooking (except at venues allowed by federal law, such as soda fountains, lunch counters, and snack bars) and baking.
• Occupations involving power-driven food slicers, grinders, cutters, and bakery mixers, as well as all work in freezers and meat coolers.
• Occupations involving power-driven mowers or cutters, including chain saws.
• All warehousing occupations, including loading and unloading trucks, and use of conveyors.
• All welding, brazing, or soldering occupations.
• Occupations involving toxic chemicals and paints.
• Selling door-to-door (except for fundraising for school or an organization the minor belongs to).
• All occupations on amusement rides, including ticket collection or sales.
• Any placement at the scene of a fire, explosion, or other emergency response situation.

16 and 17-Year Olds

• Manufacturing and storing explosives.
• Motor vehicle driving on public roadways and outside helper.
• All mining occupations.
• Power-driven woodworking machines.
• Power-driven hoisting apparatus.
• Power-driven metal-forming, punching, and shearing machines.
• Slaughtering, meat packing, processing, or rendering occupations (including meat slicers, grinders, and choppers).
• Power-driven paper products machines.
• Manufacturing brick, tile, and similar products.
• Power-driven circular saws, band saws, and guillotine shears.
• Wrecking and demolition occupations.
• Excavation operations.
• All occupations in places with nude entertainment.
• Placement at the scene of a fire, explosion, or other emergency (except as provided in specific circumstances).
• Gas or electric welding, brazing, burning, or cutting in conjunction with other hazardous occupations such as wrecking, demolition, and shipbreaking operations.
• Working at heights where special precautions or personal protective equipment is required by OSHA regulations.
• All occupations in registered dispensaries of marijuana for medical use, establishments that cultivate, produce, or sell marijuana or products containing marijuana, and recreational marijuana social clubs.

Work permits for minors

In Maine, minors under 16 years of age must obtain a work permit before beginning a job. This includes home-schooled children and minors working for their parents. The minor must apply for a new permit each time they start a new job until they turn 16.

To apply for a work permit, the minor must:

• Not be habitually truant or under suspension; and
• Be passing a majority of courses during the current grading period.

Once the minor has secured a job offer, they must take proof of age to the superintendent of schools, who will complete the permit and submit it to the Maine Department of Labor. The Department will review the permit to ensure the minor is of legal age and that the occupation is not hazardous. If approved, the Department will validate the form and return a copy to the superintendent's office, which will then provide a copy to the employer. The minor cannot start work until the Department of Labor has approved the permit.

The Department of Labor issues permits for specific jobs with specific employers. Permits are not transferable to other jobs or employers. A minor under 16 needs a separate work permit for each place they work. They can have one active permit during the school year and two during the summer. When a minor leaves a job, they or the employer should return the permit to the Department of Labor for deactivation.

The work permit application should detail the industry and duties the minor will perform. Employers and superintendents should be accurate and comprehensive in their descriptions to ensure compliance with child labor laws.

Work Hours for Minors with Work Permits

Minors under 16 years old:

• Can work between 7 a.m. and 7 p.m. during the school year, and between 7 a.m. and 9 p.m. during summer vacations only.
• Cannot work during school hours.
• Can work up to 3 hours a day on school days, including Fridays, and up to 18 hours in any week during the school week.
• Can work up to 40 hours in a week with no school, and up to 8 hours on days without school (weekends, holidays, vacations, etc.).
• Cannot work more than 6 days in a row.

Additional Considerations

• Employers must keep daily time records for minors, showing start and end times, total hours worked, and total wages paid.
• Minors under 17 cannot work during school hours unless they have permission for early release or are in an approved program.
• Minors under 17 may work up to 6 hours on a school day and 10 hours on non-school days.
• Minors under 16 who have been granted permission to drop out of school must still obtain a work permit, and hourly and prohibited occupation restrictions apply.

Frequently asked questions