An Act To Amend the Laws Governing the Work Permit Process for Minors and To Conform the Laws Governing Allowable Places of Work for Minors to Federal Law
Maine Legislature, Session 126, LD 0431
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CUSHING, VOLK, BENNETT, MALABY, TURNER
Amends: 26 MRSA §773, 26 MRSA §775, 26 MRSA §777

Legislative Document 
No. 431 
S.P. 163 
In Senate, February 14, 2013 
An Act To Amend the Laws Governing the Work Permit Process for 
Minors and To Conform the Laws Governing Allowable Places of 
Work for Minors to Federal Law 
(EMERGENCY) 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representative VOLK of Scarborough and 
Representatives: BENNETT of Kennebunk, MALABY of Hancock, TURNER of Burlington. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the last day of school occurs during the month of June each year; and 
Whereas, the purpose of this legislation is to expedite the process for minors to 
obtain their work permits during the summer months; and 
Whereas, the summer of 2013 will be over before nonemergency legislation takes 
effect; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §773, first ¶, as amended by PL 2001, c. 43, §1, is further 
amended to read: 
A minor under 16 years of age may not be employed, permitted or suffered to work 
in, about or in connection with any manufacturing or mechanical establishment, hotel, 
rooming house, laundry, except those commonly known as automatic laundries, dry 
cleaning establishments establishment, bakery, bowling alley, poolroom, or commercial 
places place of amusement, including a traveling shows and circuses show or circus, or in 
any theater or moving picture house or in conjunction with an amusement, game or show 
that allows or conducts betting. The provisions of this section pertaining to theaters do 
not apply to minors under 16 years of age who are employed or in training as theatrical 
actors or film actors.  This section does not prohibit a minor under 16 years of age from 
performing work for a nonprofit organization that preserves film and other moving 
images and provides education and research opportunities for the public or for a theater 
that is operated by such an organization as an integral part of its mission. 
Sec. 2.  26 MRSA §775, as amended by PL 2011, c. 614, §21, is further amended 
to read: 
§775.  Work permits 
1.  Work permit authority.  A minor under 16 years of age may not be employed 
without a work permit. When school is in session the work permit must be signed by the 
superintendent of schools of the school administrative unit in which the minor resides 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. When school is not in session during summer break, the minor is not required to 
obtain a work permit signed by the superintendent of schools and may obtain the work 
permit from the bureau directly with proper evidence of proof of age. 
2.  Conditions for signature.  The superintendent shall sign a permit in the following 
circumstances: 
A.  If the school is in session or the minor is attending summer school, the minor 
must be enrolled in school, not truant, not under suspension and passing a majority of 
courses during the current grading period.  Upon request of the minor, the 
superintendent may waive the requirements for one grading period if, in the opinion 
of the superintendent, there are extenuating circumstances or if imposing the 
requirements would create an undue hardship for the minor; 
B.  If school is not in session, the minor must furnish to the superintendent a 
certificate signed by the principal of the school last attended showing that the minor 
has satisfactorily completed kindergarten to grade 8 in the public schools or their 
equivalent.  If the certificate can not be obtained, the superintendent shall examine 
the minor to determine whether the minor meets these educational standards; 
C.  If the minor has been granted an exception to compulsory education under Title 
20-A, section 5001-A, subsection 2, the minor must only submit proof of age as 
provided in subsection 3; or 
D.  If school is in session, the superintendent may have signed only one work permit 
for the minor at any given time.  The superintendent may sign 2 work permits for the 
minor for the summer vacation period. 
3.  Proof of age.  The superintendent may issue sign and the bureau may issue a 
permit only upon after receiving and examining satisfactory evidence of the minor's age.  
Satisfactory evidence consists of a certified copy of the minor's birth certificate or 
baptismal record, a passport showing the date of birth or other documentary evidence of 
age satisfactory to the superintendent and approved by the director.  The superintendent 
may require, in doubtful cases, a certificate signed by a physician appointed by the school 
board, stating that the minor has been examined and, in that physician's opinion, has 
reached the normal development of a minor of the same age and is in sufficiently sound 
health and physically able to perform the work the minor intends to do. 
3-A.  Issuance of work permit.  The director or the director's agent shall issue the 
work permit to the minor upon verification: 
A.  Of the proper approval by the superintendent or other designated school official 
when school is in session; and 
B.  That the employment conforms with the provisions of this subchapter. 
The superintendent's office shall distribute the work permit to the minor when school is in 
session.  The work permit is valid only for the employer and positions listed on the permit 
as issued by the bureau. When school is not in session during the summer break, the 
bureau shall issue the work permit directly to the minor. 
4.  Conditions for revocation.  The superintendent or bureau may revoke the work 
permit issued to a minor by the bureau if the superintendent determines if it is determined 
that the minor has not maintained the conditions for issuance of the work permit under 
subsection 2, paragraph A.  The superintendent shall revoke 2nd work permits at the end 
of the summer vacation in accordance with the limits imposed by subsection 2, paragraph 
D.  The superintendent shall notify the Director of the Bureau of Labor Standards director 
and the minor's employer in writing upon revoking a minor's work permit.  The 
revocation is effective upon receipt by the employer of the superintendent's notice. 
5.  Permit on file.  The employer shall keep all work permits issued for the 
employer's minor employees on file and accessible to any attendance officer, factory 
inspector or other authorized officer charged with the enforcement of this subchapter. 
6.  Exception.  This section does not apply to minors engaged in work performed in 
the planting, cultivating or harvesting of field crops or other agricultural employment not 
in direct contact with hazardous machinery or hazardous substances or to minors engaged 
in household work.  Minors who are participants in summer youth employment and 
training programs funded by the Department of Labor are exempt from obtaining 
individual permits as long as the program employing the minor has submitted a master 
permit as developed by the director under section 777. 
Sec. 3.  26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, §2, is repealed. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows a minor under 16 years of age to obtain a work permit directly from 
the Department of Labor, Bureau of Labor Standards when school is not in session during 
summer break. Current law requires the minor to obtain the permit through a school 
superintendent regardless of whether school is in session. The bill also allows a minor 
under 16 years of age to work in a bowling alley or theater, which conforms with federal 
law. Finally, the bill repeals an obsolete section of law that deals with triplicate permits 
and a master permit system.