An Act To Modify Labor Laws with Regard to Minor Workers
Maine Legislature, Session 122, LD 1247
Committee: Labor
Sponsors: THOMPSON, COWGER, BROWNE, FLETCHER, JACKSON, MOODY, PERCY, PIOTTI
Amends: 26 MRSA §702, 26 MRSA §774

Legislative Document 
No. 1247 
H.P.865 
House of Representatives, March 10, 2005 
An Act To Modify Labor Laws with Regard to Minor Workers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative THOMPSON of China. 
Cosponsored by Senator COWGER of Kennebec and 
711~/J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWNE of Vassalboro, FLETCHER of Winslow, JACKSON of Fort Kent, 
MOODY of Manchester, PERCY of Phippsburg, PIOTTI of Unity. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §702, as amended by PL 2001, c. 242, §3, is 
further amended to read: 
§702. Record of work hours of minors under 18 years of age 
Every employer shall keep a time book or record for every 
minor under 18 years of age employed in any occupation, except 
the planting, cultivating or harvesting of field crops or other 
agricultural employment not 
in direct contact with hazardous 
machinery or hazardous substances, or household work, stating the 
number of hours worked by each minor under 18 years of age on 
each day of the week. 
The time book or record must identify the 
minor 
and 
the 
em~~~~r and list 
a 
contact 
number 
for 
the 
employer. 
The time book or record must be open at all reasonable 
hours to the inspection of the director, a director's deputy or 
any authorized agent of the bureau and a copy of the time book or 
record must be sent on a mQnthly basis to the guidance office of 
the secondary school attended by the minor in a 
fo~mat acceptable 
to the secondary school. 
Any employer who fails to keep the 
record required by this section or makes any false entry to the 
record, or refuses to exhibi t 
the time book or record or makes 
any false statement to the director, a director's deputy or any 
authorized agent of the bureau in reply to any question in 
carrying out section 42-B 
and this section is liable for 
a 
violation of this section and section 42-B. 
Sec. 2. 26 MRSA §774, sub-§I. "B, D and F, as amended by PL 
2003, c. 53, §l, are further amended to read: 
B. 
More than 
~Q 35 hours in any week when the minor's 
school is in session 9S 
long as the minor 
maintai~~n 
overall grade average of at least a C or an equivalent grade 
and has no average grade for any class below a C-
or an 
equivalent gradt;t, except that the minor may work up to 8 
hours on each day that an authorized school closure occurs 
in that minor's school up to a total of 68 ~ hours in that 
week. 
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 
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; 
D. 
More than -4-
~ hours in any day when the minor's school 
is in session as long as the minor maintains an overall 
grade average of at least a C or an equivalent grade and has 
Page l-LRI680(1) 
f 
\ 
no average grade for any class below a C 
~, except that the minor may work up 
last scheduled day of the school week; 
or an eguivalent 
to 8 hours on the 
F. 
After 1Q llLlQ p.m. on a day preceding a day on which 
the minor's school is in session or after 16 midnight on a 
day that does not precede such a school day; or 
Sec. 3. 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 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. 
:'\0 
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 
SOOl-A, 
subsection 2 or subsection 3, except that a 
minor 
who 
has 
been 
excused 
in 
accordance 
wi th 
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 
ef'-..,i-n--aB-~~-""G-ea1;.iG-Ba-1--€eepe-£a~4¥e-~ion--pf'eEJf'am may 
not be included in determining the student's total hours of 
permitte1 employment under subsection 1 and subsection 2. 
Sic. 4. 26 MRSA §774, sub-§7 is enacted to read: 
7. 
Restricted work schedule. 
A minor under 18 years of age 
yKo is enrolled in public or private secondary school who has an 
overall grade average below C or 
an equivalent grade or 
an 
average grade in any class below C-
or aneguivalent grade may 
not work mQre than 20 hours in any week when the minor's school 
¥f 
is in session and may work only during the hours between 3: 00 
p.m. 
and 8:00 p.m. in any day when the minor's school is in 
session. 
A public or private secondary school shall inform a 
minor whose overall 9£Mg_ayera~s below C or an equivalent 
grade or whose average grade in any class is below C-
or an 
equivalent grade that the minor may work only pursuant to the 
provisions of this subsection. 
A minor who is placed in the 
rgstricted work schgdule pursuant to this s_ubsection may return 
to work pursuant to the provisions of subsection 1 only if the 
minor's overall grade 
average rises to at least 
a 
C or 
an 
equivalent grade and the minor's average grade for every class 
rises to at least a C- or an equivalent grade as determined by 2 
bi-weekly checks by the administrators of the school of the minor. 
SUMMARY 
This bill raises the maximum number of hours a l6-year-old 
or l7-year-old may work during a school week from 20 hours to 35 
hours and raises the number of hours a l6-year-old or l7-year-old 
may work during a school day from 4 hours to 5 hours. 
This bill 
limits a minor whose overall grade average is below a C or who 
has an average grade in any class below a C-
to working no more 
than 20 hours during a school week and only during the hours of 
3:00 p.m. to 8:00 p.m. on a school day. 
A secondary school must 
notify every student whose work schedule is limited under this 
provision and must notify the student. 
A minor may return to 
normal working conditions if the school administrator determines 
the minor's overall grade average has risen to at least a C and 
that no average grade for any class is below C-. 
Current law 
requires employers of minors under 18 years of age to keep a time 
book or record on every minor working for the employer. 
This 
bill requires the employer to send a copy of this time book to 
the minor's secondary school on a monthly basis. 
This bill also 
eliminates the provision that does not count the time a minor 
works in an approved vocational cooperative education program 
towards the maximum number of hours the minor may work during a 
school day or week.