An Act Regarding Work Permits for Minors under 16 Years of Age
Maine Legislature, Session 128, LD 1420
Committee: Labor, Commerce, Research and Economic Development
Sponsors: STETKIS, CYRWAY, BRADSTREET, DILLINGHAM, GINZLER, ORDWAY, SAMPSON, LANGLEY
Amends: 26 MRSA §771, 26 MRSA §773, 26 MRSA §774, 26 MRSA §775, 26 MRSA §777, 26 MRSA §779, 26 MRSA §780, 26 MRSA §781

Legislative Document
No. 1420
H.P. 978
House of Representatives, April 11, 2017
An Act Regarding Work Permits for Minors under 16 Years of Age
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.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: BRADSTREET of Vassalboro, DILLINGHAM of Oxford, GINZLER of 
Bridgton, ORDWAY of Standish, SAMPSON of Alfred, Senator: LANGLEY of Hancock.
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, about nonagricultural employment 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 as long as 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, 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.  The 
superintendent may designate a school official to sign a work permit and that official is 
directly responsible to the superintendent for this activity minor's parent or guardian. 
Sec. 9.  26 MRSA §775, sub-§2, as amended by PL 2011, c. 614, §21, is repealed. 
Sec. 10.  26 MRSA §775, sub-§3, as amended by PL 2001, c. 398, Pt. A, §1, is 
further amended to read: 
3.  Proof of age.  The superintendent may issue a permit only upon receiving and 
examining satisfactory evidence of the minor's age.  Satisfactory evidence of a minor's 
age consists of a certified copy of the minor's birth certificate or baptismal record, or 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. 11.  26 MRSA §775, sub-§3-A, as enacted by PL 2001, c. 398, Pt. A, §1, is 
repealed. 
Sec. 12.  26 MRSA §775, sub-§4, as amended by PL 2001, c. 398, Pt. A, §1, is 
repealed and the following enacted in its place: 
4.  Conditions for revocation.  The bureau may revoke a work permit issued to a 
minor pursuant to this section if the director determines the minor has not been employed 
in accordance with section 773 or 774.  The director shall notify the minor's employer in 
writing upon revoking a minor's work permit. 
Sec. 13.  26 MRSA §775, sub-§5, as enacted by PL 1991, c. 544, §5, is amended 
to read: 
5.  Permit on file.  The employer shall keep all work permits issued for the 
employer's minor employees on file, including copies of satisfactory evidence of age, and 
accessible to any attendance officer, factory inspector or other authorized officer charged 
with the enforcement of this subchapter. 
Sec. 14.  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. 15.  26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, §2, is further 
amended to read: 
§777.  Blanks furnished; filing of permits; surrender and cancellation of permits 
The blank work permit required by section 775 must be formulated by the director 
and furnished by the director to the persons authorized to sign work permits made 
available online and at bureau offices.  The forms of the permits must be approved by the 
Attorney General.  Every work permit must be made out in triplicate.  All triplicates work 
permits, accompanied by the original papers on which the permits were signed and proof 
of age, must be forwarded to the bureau by the officer parent or guardian signing the 
permits, within 24 hours of the time the permit was signed.  The bureau shall examine the 
papers and proof of age and promptly return them to the officer parent or guardian who 
sent them after validating the copies and retaining one copy for bureau files.  The officer 
may then return to the minor all papers filed in proof of age.  Whenever there is reason to 
believe that a work permit was improperly signed, the director, deputy director or agent 
shall notify the local superintendent of schools of the place in which the certificate was 
signed. The local superintendent shall cancel the permit when directed to do so by the 
director.  The director may develop an electronic transmittal system to fulfill these 
requirements. 
The director shall develop a master permit system for participants in summer youth 
employment and training programs funded by the Department of Labor.  The master 
permit eliminates the need for prior approval by the director or the superintendent of 
schools.  A minor on a master permit may be removed from the master permit for the 
same reasons and in the same manner as applicable to an individual work permit. 
Sec. 16.  26 MRSA §779 is amended to read: 
§779.  Record of age received as evidence 
Any record of age, as provided under section 775 777 to determine whether or not a 
work permit may be issued to any child, shall must be received as evidence of the age of 
such child in any prosecution under this subchapter.  
Sec. 17.  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 by a duly authorized officer parent or guardian, 
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. 
Sec. 18.  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. 19.  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 allows the parent or legal guardian of a minor under 16 years of age to sign a 
work permit for the minor and removes school superintendents from the work permit 
process.  It requires copies of the minor's signed permit and proof of age to be kept at the 
minor's place of employment.  It authorizes the Department of Labor, Bureau of Labor 
Standards to revoke a work permit. 
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.