An Act To Enhance Access to the Workplace for Minors
Maine Legislature, Session 125, LD 1346
Committee: Labor, Commerce, Research and Economic Development
Sponsors: BURNS, MASON, BICKFORD, DAVIS, ESPLING, KNAPP, SANDERSON, TILTON
Amends: 26 MRSA §673, 26 MRSA §774, 26 MRSA §775, 26 MRSA §781

Legislative Document 
No. 1346 
H.P. 987 
House of Representatives, March 29, 2011 
An Act To Enhance Access to the Workplace for Minors 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BURNS of Whiting. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: BICKFORD of Auburn, DAVIS of Sangerville, ESPLING of New 
Gloucester, KNAPP of Gorham, SANDERSON of Chelsea, TILTON of Harrington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §673 is enacted to read: 
§673.  Minimum wage; trainees and students 
Notwithstanding the provisions of section 664, for an employee who is under 20 
years of age who is a secondary student as defined in Title 20-A, section 1, subsection 33 
or a trainee, the minimum hourly wage is $5.25 per hour for the first 180 days of that 
employee's employment. 
Sec. 2.  26 MRSA §774, as amended by PL 2009, c. 211, Pt. B, §23, is further 
amended to read: 
§774.  Hours of employment 
1.  Minors under 18 years of age.  A minor under 18 years of age, enrolled in 
school, may not be employed as follows: 
A.  More than 50 hours in any week when the minor's school is not in session; 
B.  More than 20 hours in any week when the minor's school is in session, 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 28 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 3 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; 
C.  More than 10 hours in any day when the minor's school is not in session; 
D.  More than 4 hours in any day when the minor's school is in session, except that 
the minor may work up to 8 hours on the last scheduled day of the school week; 
E.    More than 6 consecutive days; 
F.    After 10 p.m. on a day preceding a day on which the minor's school is in session 
or after 12 midnight on a day that does not precede such a school day; or 
G.    Before 7 a.m. on a day on which the minor's school is in session or before 5 a.m. 
on any other day. 
2.  Minors under 16 years of age.  A minor under 16 years of age may not be 
employed as follows: 
A.  More than 40 hours in any week when school is not in session; 
B.  More than 18 hours in any week when school is in session; 
C.  More than 8 hours in any day when school is not in session; 
D.  More than 3 4 hours in any day when school is in session; 
E.  More than 6 consecutive days; or 
F.  Between the hours of 7 p.m. and 7 a.m. except during summer vacation, when that 
minor may not work between the hours of 9 p.m. and 7 a.m. 
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. 
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 5001-A, subsection 2 or subsection 3, except 
that a minor who has been excused in accordance with 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 or in an approved 
vocational cooperative education program may not be included in determining the 
student's total hours of permitted employment under subsection 1 and subsection 2. 
4.  Exemptions.  Work performed in the planting, cultivating or harvesting of field 
crops or other agricultural employment, including the initial processing of farm crops, not 
in direct contact with hazardous machinery or hazardous substances, work performed as 
an employed or in-training theatrical actor or film actor or work performed as a summer 
camp employee in a youth camp licensed under Title 22, section 2495 is exempt from this 
section, provided a minor under 16 years of age has been excused by the local 
superintendent of schools in accordance with the policy established by the Commissioner 
of Education and the Director of the Bureau of Labor Standards.  Work performed by a 
minor under 16 years of age in the taking or catching of lobsters, fish or other marine 
organisms by any methods or means, or in the operating of ferries or excursion boats, is 
exempt from subsection 1, paragraphs A and C planting, cultivating or harvesting of field 
crops or other agricultural employment, including the initial processing of farm crops, not 
in direct contact with hazardous machinery or hazardous substances is exempt from this 
section if a minor has written permission from the parent or guardian of the minor. 
5.  Application.  This section does not apply to a person who holds a high school 
diploma or a high school equivalency certificate issued pursuant to Title 20-A, section 
or to a minor emancipated pursuant to Title 15, section 3506-A. 
6.  In session.  School is considered in session if the students are required to be in 
attendance by the school board pursuant to Title 20-A, chapter 211. 
Sec. 3.  26 MRSA §775, sub-§1, as amended by PL 2001, c. 398, Pt. A, §1, is 
further amended to read: 
1.  Work permit authority.  A minor under 16 years of age may not be employed 
without a work permit signed by the superintendent of schools of the school 
administrative unit in which the minor resides and issued to the minor by the bureau or, in 
the case of a minor who is receiving home instruction under Title 20-A, section 5001-A, 
subsection 3, paragraph A, a work permit signed by the parent or guardian of the minor 
and issued to the minor by the bureau.  The superintendent may designate a school 
official to sign a work permit and that official is directly responsible to the superintendent 
for this activity. 
Sec. 4.  26 MRSA §781, sub-§1-A, ¶B, as enacted by PL 2001, c. 46, §1, is 
amended to read: 
B.  A violation of the number of hours a minor may work in any day under section 
774, subsection 1, paragraph B, C or D or section 774, subsection 2, paragraph C or 
D, as long as the violation is not greater than 10 minutes per day; and 
Sec. 5.  26 MRSA §781, sub-§1-A, ¶C, as enacted by PL 2001, c. 46, §1, is 
amended to read: 
C.  A violation of the number of hours worked in a week under section 774, 
subsection 1, paragraph A or B or section 774, subsection 2, paragraph A or B, as 
long as the violation is not greater than 50 minutes in a week. 
SUMMARY 
This bill amends the laws governing employment practices in the following ways: 
1.  It establishes a training wage for trainees or secondary students under 20 years of 
age at $5.25 per hour for their first 180 days of employment; 
2.  It eliminates the maximum number of hours a minor 16 years of age or older can 
work during school days; 
3.  It allows a minor under 16 years of age to work up to 4 hours on a school day 
during hours when school is not in session; 
4.  It allows a home-schooled student to work during regular public school hours, but 
not during regularly scheduled home school hours; 
5.  It exempts a minor under 16 years of age who is enrolled in school from the 
maximum hour requirements to work in an agricultural setting as long as the minor has 
written permission from the minor’s parent or guardian; and 
6.  It allows a parent or guardian of a minor who is home schooled to sign a work 
permit instead of the superintendent of the school administrative unit where the 
home-schooled minor lives.