An Act To Amend Maine Law To Conform with Federal Law Regarding Employment Practices for Certain Minors
Maine Legislature, Session 125, LD 0516
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PLOWMAN, COURTNEY, MARTIN, RECTOR, SCHNEIDER, DOW, VOLK
Amends: 26 MRSA §774, 26 MRSA §781

Legislative Document 
No. 516 
S.P. 149 
In Senate, February 15, 2011 
An Act To Amend Maine Law To Conform with Federal Law 
Regarding Employment Practices for Certain Minors 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PLOWMAN of Penobscot. 
Cosponsored by Senators: COURTNEY of York, MARTIN of Kennebec, RECTOR of Knox, 
SCHNEIDER of Penobscot, Representatives: DOW of Waldoboro, VOLK of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §774, sub-§1, as amended by PL 2003, c. 53, §1, is repealed. 
Sec. 2.  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. 
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. 
Sec. 3.  26 MRSA §774, sub-§4, as amended by PL 2009, c. 211, Pt. B, §23, is 
further amended to read: 
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 as long as 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 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. 
Sec. 4.  26 MRSA §781, sub-§1-A, as corrected by RR 2001, c. 1, §39, is 
repealed. 
SUMMARY 
This bill repeals the limiting of hours minors 16 years of age may work while school 
is not in session. It repeals all limitations on the hours a minor 17 years of age may work.  
It also conforms Maine law to federal law.