An Act To Streamline the Work Permitting Process for Minors and To Conform Allowable Places That Minors May Work to Federal Law
Maine Legislature, Session 126, LD 1698
Committee: Labor, Commerce, Research and Economic Development
Sponsors: LOCKMAN, CUSHING, DAVIS, MALABY, SIROCKI
Amends: 26 MRSA §773, 26 MRSA §775, 26 MRSA §777, 26 MRSA §780

Legislative Document 
No. 1698 
H.P. 1222 
House of Representatives, January 7, 2014 
An Act To Streamline the Work Permitting Process for Minors and 
To Conform Allowable Places That Minors May Work 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. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LOCKMAN of Amherst. 
Cosponsored by Senator CUSHING of Penobscot and 
Representatives: DAVIS of Sangerville, MALABY of Hancock, SIROCKI of Scarborough. 
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 for most 
secondary schools; and 
Whereas, the purpose of this legislation is to expedite the process for minors to 
obtain their work permits for work occurring during the summer months; and 
Whereas, it will be well into the summer of 2014 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 a 
coin-operated laundromat, 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 signed by the superintendent of schools of the school 
administrative unit in which the minor resides and issued to the minor by the bureau.  
When school is in session, the superintendent of schools of the school administrative unit 
in which the minor resides shall certify to the bureau the minor's information and forward 
the application for a work permit to the bureau for its approval.  The superintendent may 
designate a school official to sign a work permit certify the minor's information and 
forward it to the bureau, and that official is directly responsible to the superintendent for 
this activity.  When school is not in session, the minor may obtain a work permit directly 
from the bureau. 
2.  Conditions for certification.  The superintendent shall sign a permit certify and 
forward to the bureau the minor's information and application 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 certify to the bureau 
the minor's information and forward the application for only one work permit for the 
minor at any given time.  The superintendent may sign forward to the bureau 2 
applications for work permits for the minor for the summer vacation period. 
3.  Proof of age.  The superintendent may certify the minor's information or, if the 
minor is seeking a permit directly from the bureau, the bureau may issue a permit only 
upon 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 certification by the superintendent or other designated 
school official if school is in session or, when school is not in session, of satisfactory 
evidence of the minor's age pursuant to subsection 3; 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, the bureau shall issue the work 
permit directly to the minor and provide a copy to the superintendent of schools of the 
school administrative unit in which the minor resides. 
4.  Conditions for revocation.  The superintendent or the bureau may revoke the 
work permit issued to a minor by the bureau if the superintendent or the bureau 
determines 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  If the superintendent revokes the work permit, 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.  If the bureau revokes 
the work permit, the bureau shall notify the superintendent and the minor's employer in 
writing.  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. 
Sec. 4.  26 MRSA §780, as amended by PL 1991, c. 544, §9, is further amended to 
read: 
§780.  Work permit conclusive for employer; documentary evidence of age 
A work permit in regular form signed issued by a duly authorized officer the bureau, 
for all minors under 16 years of age, is conclusive evidence of age and educational 
attainment, in behalf of the employer of any minor, upon any prosecution for violation of 
the law relating to the employment of minors.  An inspector of factories, attendance 
officer or other officer charged with the enforcement of this subchapter may make 
demand on any employer in or about whose place or establishment a minor apparently 
under the age of 16 years is employed, permitted or suffered to work, that such employer 
shall either furnish the inspector within 10 days documentary evidence of age as specified 
in section 775, or shall cease to employ, permit or suffer such minor to work in such 
place or establishment. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law requires that a minor start the work permitting process through the 
superintendent of schools of the school administrative unit in which the minor resides 
regardless of whether school is in session.  This bill would allow a minor less than 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.  The bill clarifies the roles and 
responsibilities of the superintendent of the school administrative unit and of the bureau 
as they relate to the work permitting process.  The bill specifies that the bureau may issue 
a permit for a student who is attending summer school only after receiving certification 
from the superintendent that the student is enrolled in summer school, not truant, not 
under suspension and passing a majority of courses during the current grading period.  
The bill specifies that when school is not in session the bureau may issue a permit for a 
student only after receiving satisfactory evidence of the minor's age.  The bill also 
authorizes the bureau to revoke a permit when there is reason to believe the permit should 
be revoked.  Finally, the bill allows a minor less than 16 years of age to work in a 
bowling alley or theater, which conforms to federal law, and repeals the language dealing 
with triplicate permits and a master permit system.