An Act Regarding the Work Permitting Process for Minors
Maine Legislature, Session 127, LD 1393
Committee: Labor, Commerce, Research and Economic Development
Sponsors: STETKIS
Amends: 26 MRSA §771, 26 MRSA §773, 26 MRSA §774, 26 MRSA §775, 26 MRSA §777, 26 MRSA §781

Legislative Document 
No. 1393 
H.P. 943 
House of Representatives, May 6, 2015 
An Act Regarding the Work Permitting Process for Minors 
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. 
ROBERT B. HUNT 
Clerk 
Presented by Representative STETKIS of Canaan. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §771, as amended by PL 1991, c. 544, §4, is further amended to 
read: 
§771.  Minors under 14 years of age 
A minor under 14 years of age may not be employed, permitted or suffered to work in 
nonagricultural employment, about or in connection with agriculture, except for the 
planting, cultivating or harvesting of field crops or other agricultural employment not in 
direct contact with hazardous machinery or hazardous substances, any eating place, 
automatic laundries, retail establishment where frozen dairy products are manufactured 
on the premises, sporting or overnight camp, mercantile establishment or in outdoor 
occupations on the grounds of a hotel, and a minor between the ages of 14 and 16 years 
may not be so employed when the distance between the work place and the home of the 
minor, or any other factor, necessitates the minor's remaining away from home overnight.  
This section does not apply to any such minor who is employed directly by, with or under 
the supervision of either or both of the minor's parents; or to any such minor employed in 
school lunch programs, if limited to serving food and cleaning up dining rooms. 
Sec. 2.  26 MRSA §773, as amended by PL 2009, c. 487, Pt. B, §12, is further 
amended to read: 
§773.  Minors 14 and 15 years of age prohibited in certain places 
A minor under who is at least 14 years of age and younger than 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, bakery, bowling 
alley, poolroom, or commercial places of amusement, including traveling shows and 
circuses, 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. 
The provisions of this section pertaining to manufacturing establishments shall do not 
apply to retail establishments employing minors under who are at least 14 years of age 
and younger than 16 years of age who are employed in retail establishments where any 
frozen dairy product or frozen dairy product mix or related food product is manufactured 
produced on the premises for retail sales locally, regardless of trade name or brand or 
coined name.  
The provisions of this section pertaining to hotels do not apply to minors under 16 
years of age who are employed in outdoor occupations on the grounds of a hotel or to 
minors 15 years of age who are employed in kitchens, dining rooms, lobbies and offices 
of a hotel.  Minors 15 years of age are expressly prohibited from working in an area not 
listed as permitted and are expressly prohibited from performing room service, making 
deliveries of any sort to the hotel rooms or entering the hallways to those rooms. 
The provisions of this section pertaining to manufacturing and mechanical 
establishments shall not apply to minors under 16 years of age who are employed on the 
grounds of a manufacturing or mechanical establishment, but who are assigned 
nonhazardous work which is performed outside of any building in which manufacturing 
or mechanical operations are undertaken. 
The provisions of this section pertaining to manufacturing or mechanical 
establishments, laundries, dry cleaning establishments and bakeries shall do not apply to 
minors under who are at least 14 years of age and younger than 16 years of age who are 
employed in retail sales, customer service operations or office work for these 
establishments, provided that retail, customer service or office areas are in a separate 
room. 
Notwithstanding other provisions of this section, a minor under who is at least 14 
years of age and younger than 16 years of age may be employed at a commercial place of 
amusement operating at a permanent location, except that minors under 16 years of age 
may not be employed at games of chance as defined in Title 17, chapter 62 or hazardous 
occupations as determined by the director. 
Sec. 3.  26 MRSA §774, sub-§1, as amended by PL 2011, c. 174, §§1 to 3, is 
further amended to read: 
1.  Minors 16 and 17 years of age.  A minor under who is at least 16 years of age 
and younger than 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 24 hours in any week when the minor's school is in session.  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 6 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 10:15 11:00 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. 
Sec. 4.  26 MRSA §774, sub-§2, ¶D, as enacted by PL 1991, c. 544, §5, is 
amended to read: 
D.    More than 3 hours in any day when school is in session; or 
Sec. 5.  26 MRSA §774, sub-§2, ¶E, as enacted by PL 1991, c. 544, §5, is 
repealed. 
Sec. 6.  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 who is at least 
years of age and younger than 18 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. 7.  26 MRSA §774, sub-§4, as amended by PL 2009, c. 211, Pt. B, §23, is 
repealed and the following enacted in its place: 
4.  Exemptions.  The restrictions set forth in this section do not apply to a minor 
performing work: 
A.  Planting, cultivating or harvesting field crops or other agricultural employment, 
including the initial processing of farm crops, as long as the work does not require 
direct contact with hazardous machinery or hazardous substances, in accordance with 
the Fair Labor Standards Act of 1938, 29 United States Code, Section 212; 
B.  As an employed or in-training theatrical actor or film actor; 
C.  Taking or catching lobsters, fish or other marine organisms, as long as the work 
does not require direct contact with hazardous machinery or hazardous substances, in 
accordance with the Fair Labor Standards Act of 1938, 29 United States Code, 
Section 212; or 
D.  At a business that is solely owned by the minor’s  parent, as long as the work does 
not require direct contact with hazardous machinery or hazardous substances, in 
accordance with the Fair Labor Standards Act of 1938, 29 United States Code, 
Section 212. 
Sec. 8.  26 MRSA §775, sub-§§1 and 3, as amended by PL 2001, c. 398, Pt. A, 
§1, are 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 
superintendent.  The superintendent may designate a school official to sign a work permit 
and that official is directly responsible to the superintendent for this activity.  Blank work 
permits required under this section must be developed by the director, approved by the 
Attorney General and furnished by the director to the superintendents. 
3.  Proof of age.  The superintendent 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. 
Sec. 9.  26 MRSA §775, sub-§3-A, as enacted by PL 2001, c. 398, Pt. A, §1, is 
amended to read: 
3-A.  Issuance of work permit.  The director superintendent or the director's agent 
superintendent's designee shall issue the work permit to the minor upon verification: 
A.  Of the proper approval by the superintendent or other designated school official; 
and 
B.  That the employment conforms with the provisions of this subchapter. 
The superintendent's office shall distribute the work permit to the minor and provide a 
copy of the work permit to the director.  The work permit is valid only for the employer 
and positions listed on the permit as issued by the bureau superintendent. 
Sec. 10.  26 MRSA §775, sub-§4, as amended by PL 2001, c. 398, Pt. A, §1, is 
further amended to read: 
4.  Conditions for revocation.  The superintendent may revoke the work permit 
issued to a minor by the bureau if the superintendent 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 superintendent 
shall notify the Director of the Bureau of Labor Standards 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. 
The bureau may revoke the work permit if the director determines the minor has not been 
employed in accordance with section 773 or 774.  The director shall notify the 
superintendent and the minor's employer in writing upon revoking a minor's work permit. 
Sec. 11.  26 MRSA §775, sub-§6, as amended by PL 1993, c. 527, §1, is repealed 
and the following enacted in its place: 
6.  Exceptions.  This section does not apply to a minor: 
A.  Engaged in work performed in the planting, cultivating or harvesting of field 
crops or other agricultural employment, as long as the minor is not in direct contact 
with hazardous machinery or hazardous substances; 
B.  Engaged in household work; 
C.  Participating in a summer youth employment and training program funded by the 
Department of Labor that is exempt from obtaining individual permits; or 
D.  Participating in a business solely owned by the minor's parent, as long as the 
parent is not employing the minor child in an occupation declared hazardous under 
the Fair Labor Standards Act of 1938, 29 United States Code, Section 212. 
Sec. 12.  26 MRSA §777, as amended by PL 2001, c. 398, Pt A, §2, is repealed. 
Sec. 13.  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. 14.  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 
The purpose of this bill is to clarify the laws governing the employment of minors 
and to conform the State’s laws to federal law, thus expanding work opportunities for 
minors. 
1.  It clarifies that minors who are younger than 14 years of age may be employed 
only in the planting, cultivating or harvesting of field crops, or other agricultural 
employment that does not place them in direct contact with hazardous machinery or 
hazardous substances. 
2.  It conforms to federal law the hours that minors who are 16 and 17 years of age 
may work, by extending the permissible time until which such a minor may work on a 
day preceding a school day. 
3.  It eliminates the prohibition on minors under 16 years of age working more than 6 
consecutive days. 
4.  Eliminates the prohibition on minors under 18 years of age working more than 50 
hours per week when school is not in session. 
5.  It specifies that the restrictions on the hours of employment of minors does not 
apply to: 
A.  Agricultural employment that does not require direct contact with hazardous 
machinery or hazardous substances; 
B.  Employment or training as a theatrical actor or a film actor; 
C.  The taking or catching of lobsters, fish or other marine organisms, as long as the 
work does not require direct contact with hazardous machinery or hazardous 
substances; and 
D.  At a business that is solely owned by the minor’s parent, as long as the work does 
not require direct contact with hazardous machinery or hazardous substances.  
6.  It specifies that superintendents of school administrative units issue work permits 
to minors and copy the Department of Labor, Bureau of Labor Standards; the bureau 
develops the blank permits, furnishes them to the superintendents and serves as a resource 
for superintendents regarding federal and state law. 
7.  It maintains the authority of the bureau to revoke work permits if state or federal 
law has been violated. 
8.  It repeals obsolete language dealing with triplicate permits and a master permit 
system.