An Act To Align Federal and State Child Labor Laws
Maine Legislature, Session 122, LD 1398
Committee: Labor
Sponsors: COWGER, COLLINS, CLUKEY, DIAMOND, DOW, NUTTING, SULLIVAN, McCORMICK, MILLS
Amends: 14 MRSA §1522, 20-A MRSA §5054, 26 MRSA §772, 26 MRSA §772-A, 26 MRSA §773, 26 MRSA §774, 26 MRSA §775, 26 MRSA §777, 26 MRSA §779, 26 MRSA §780, 26 MRSA §781, 26 MRSA §782, 26 MRSA §785, 39-A MRSA §408

Legislative Document 
No. 1398 
S.P.487 
In Senate, March 22, 2005 
An Act To Align Federal and State Child Labor Laws 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative COLLINS of Wells and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: CLUKEY of Aroostook, DIAMOND of Cumberland, DOW of Lincoln, NUTTING 
of Androscoggin, SULLIVAN of York, Representatives: McCORMICK of West Gardiner, 
MILLS of Farmington. 
Plinted on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §1522, sub-§I, ,K, as enacted by PL 1991, c. 
9, Pt. G, §2, is repealed. 
Sec. 2. 20-A MRSA §5054, as enacted by PL 1989, c. 415, §26, 
is repealed and the following enacted in its place: 
Any firm or corporation, or agent or manager of any firm or 
corporation, who hires or otherwise engages any student who is 
habitually truant as defined in this subchapter without a release 
from 
the 
student's 
supervising 
superintendent 
of 
schools 
is 
subject to the following fines: 
1. 
First violation. 
For the first violation or a violation 
not subject to a sanction under subsection 2 or 3, a fine of not 
less than $250 and not more than $5,000; 
2. 
Second violation. 
For a 2nd violation occurring within 
years of a prior violation, a fine of not less than $500 and 
not more than $5,000; or 
3. 
Third 
~d 
subs~ent violati""o""n",--,--. _-----"F-"o'-'r~~a~-'3"_'r"_'d"'_______"a'_"n=d 
subseguent violation occurring within 3 years of 2 or more prior 
violations, 
a fine of not less than $2 , 000 and not more than 
$10,000. 
Sec. 3. 26 MRSA §772, as repealed and replaced by PL 2003, c. 
59, §l, is repealed. 
Sec. 4. 26 MRSA §772-A is enacted to read: 
§772-A. 
Emplo~nt of minors 
1. Prohibition against certain emp~ent. A minor under 18 
years of age may not be employed in any capacity except in 
accordance with rules adopted by the director pursuant to this 
section. 
2. Rules. 
The director shall adopt rules governing the 
employment of minors under 18 years of age that conform to the 
federal Fair Labor Standards Act of 1938, 29 United States Code, 
Sections 203, 211, 212 and 218 and to federal regulations adopted 
pursuant to those sections, including, but not limited to, 
Code of Federal Regulations, Part 570. 
3. 
Additional 
rule 
regarding 
places 
having 
nude 
entertainment. 
In 
addi tion 
to 
rules 
adopted 
pursuant 
to 
subsection 2, the director shall adopt a rule prohibiting minors 
under 18 years of age from being employed in places having nude 
entertainment. 
4. 
Routine technical rules. 
Rules adopted pursuant to this 
section are 
routine 
technical 
rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A. 
Sec. 5. 26 MRSA §773, as amended by PL 2001, c. 43, §1, is 
repealed. 
Sec. 6. 26 MRSA §774, as amended by PL 2003, c. 53, §1, is 
repealed. 
Sec. 7. 26 MRSA §775, as amended by PL 2001, c. 398, Pt. A, 
§l, is repealed. 
Sec. 8. 26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, 
§2, is repealed. 
Sec. 9. 26 MRSA §779 is repealed. 
Sec. 10. 26 MRSA §780, as amended by PL 1991, c. 544, §9, is 
repealed. 
Sec.n. 26 MRSA §781. as corrected by RR 2001, c. 1, §39, is 
repealed. 
Sec. 12. 26 MRSA §782, as repealed and replaced by PL 2003, 
c. 452, Pt. 0, §2 and affected by Pt. X, §2, is repealed. 
Sec. 13. 26 MRSA §§783 and 784 are repealed. 
Sec. 14. 26 MRSA §785. as enacted by PL 1993, c. 434, §6, is 
repealed. 
Sec. 15. 39-A MRSA §408, sub-§§l and 2, as enacted by PL 1991, 
c. 885, Pt. A, §8 and affected by §§9 to 11, are amended to read: 
1. 
Legally employed minors. 
A minor is deemed sui juris 
for the purpose of this Act if the minor's employer was not in 
violation of Title 26, section 771 T -++6 or 11~ 772-A at the time 
of the minor's injury. 
No other person has any cause of action 
or right to compensation for an injury to that minor employee 
except as provided in this section. 
2. 
Illeqally employed minors. 
A minor is not deemed to 
have waived the minor's right of action at common law and under 
section 104 if the minor's employer was in violation of Title 26, 
section 77l T -++6 or ++6 772-A at the time of the minor's injury. 
A. 
The minor employee, the minor's parent or guardian or 
any other person, as permitted by common law or statute, may 
file a civil action permitted under this subsection. 
B. 
The minor employee is entitled to compensation under 
this Act in addition to any right of action permitted under 
this subsection. 
c. 
If the employer is self-insured for liability under this 
Act, any award received by the minor in an action permitted 
under this subsection must be 
reduced by the 
amount of 
compensation received under this Act. 
D. 
If the employer is insured for liability under this Act, 
the employer is considered a 3rd party under section 107, 
and the employer's insurer is entitled to all rights of 
subrogation, 
contribution or other rights granted to 
an 
employer under section 107. 
SUMMARY 
This bill directs the Department of Labor, Bureau of Labor 
Standards to adopt rules that conform to the federal Fair Labor 
Standards Act of 1938 and accompanying regulations that govern 
employment 
of 
minors 
under 
years 
of 
age, 
and 
prohibits 
employment of minors except in accordance with these rules. 
The 
bill also directs the bureau to readopt the rule prohibiting 
minors 
from 
being 
employed 
in 
a 
place 
that 
has 
nude 
entertainment. 
The bill specifies that these rules are routine 
technical rules.