KRS § 339.230 — KY Code / Title XXVII / Chapter 339 / Section 339.230
339.230 Restrictions on employment of minor between fourteen and eighteen
Status: in_force

339.230 Restrictions on employment of minor between fourteen and eighteen.

A minor who has passed his or her fourteenth birthday but is under eighteen (18) years of

age may be employed, permitted, or suffered to work in, about, or in connection with any

gainful occupation, except:

(1) If he or she is under sixteen (16) years of age, he or she may not be employed during

regular school hours, unless:

(a) The school authorities have made arrangements for him or her to attend school

at other than the regular hours, in which event he or she may be employed

subject to regulations of the commissioner of workplace standards during such

of the regular school hours as he or she is not required to be in attendance

under the arrangement; or

(b) He or she has graduated from high school.

(2) A minor who has passed his or her fourteenth birthday but is under eighteen (18)

years of age, may not be employed, permitted, or suffered to work:

(a) In any place of employment or at any occupation, that the commissioner of

workplace standards shall determine to be hazardous or injurious to the life,

health, safety, or welfare of such minor unless:

1. The minor is at least sixteen (16) years of age;

2. The minor is employed by his or her parent or a person standing in place

of a parent and works under adult supervision; and

3. The minor is engaged in nonhazardous aspects of the electrical trades,

including but not limited to activities such as pulling wire, setting boxes,

or bending conduit;

(b) More than the number of days per week, nor more than the number of hours

per day that the commissioner of workplace standards shall determine to be

injurious to the life, health, safety, or welfare of such minor. The

commissioner of workplace standards in promulgating these regulations may

make them more restrictive than those promulgated by the United States

Secretary of Labor under provisions of the Fair Labor Standards Act and its

amendments, but in no event may he or she make them less restrictive;

(c) During the hours of the day that the commissioner of workplace standards

shall determine to be injurious to the life, health, safety, or welfare of such

minor. The commissioner of workplace standards in promulgating these

regulations may make them more restrictive than those promulgated by the

United States Secretary of Labor under provisions of the Fair Labor Standards

Act and its amendments but in no event may he or she make them less

restrictive; and

(d) In, about, or in connection with any establishment where alcoholic liquors are

distilled, rectified, compounded, brewed, manufactured, bottled, sold for

consumption, or dispensed unless permitted by the rules and regulations of the

Alcoholic Beverage Control Board (except that he or she may be employed in

places where the sale of alcoholic beverages by the package is merely

incidental to the main business actually conducted); or in a pool or billiard

room.

(3) The commissioner of workplace standards shall promulgate regulations to properly

protect the life, health, safety, or welfare of minors. He or she may consider sex,

age, premises of employment, substances to be worked with, machinery to be

operated, number of hours, hours of the day, nature of the employment, and other

pertinent factors. The commissioner of workplace standards in promulgating these

regulations may make them more restrictive than those promulgated by the United

States Secretary of Labor under provisions of the Fair Labor Standards Act and its

amendments but in no event may he or she make them less restrictive, provided,

however, these regulations shall have no effect on the definition of "gainful

occupation" under KRS 339.210. To advise the commissioner with respect to the

regulations, the Governor shall appoint a committee of four (4) persons which shall

consist of a representative from the Cabinet for Health and Family Services, the

Department of Education, the Kentucky Commission on Human Rights and the

Personnel Cabinet. The regulations promulgated in accordance with this section

shall be reviewed by such committee whenever deemed necessary by the

commissioner of workplace standards.