An Act To Establish a Minimum Wage for Minors
Maine Legislature, Session 128, LD 0991
Committee Amendment CA_A_S248 (Senate)
Amends: 26 MRSA §771, 26 MRSA §772, 26 MRSA §773, 26 MRSA §773-A, 26 MRSA §774, 26 MRSA §775, 26 MRSA §777, 26 MRSA §781, 39-A MRSA §408

COMMITTEE AMENDMENT "A" to S.P. 330, L.D. 991, Bill, "An Act To 
Establish a Minimum Wage for Minors" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Conform State Law to Federal Law, Promote a Safe Working 
Environment for Minors and Study a Minimum Wage for Minors' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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 or ia eonneetion with agriculture nonagricultural or agricultural employment, 
except for agricultural employment in 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 vrhere 
frozen dairy produets are manufactured on the premises, sporting or o¥ernight 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 H:ot be so employed vken the distance between 
the work place and the home of the minor, or any other factor, H:ecessitates the minor's 
remaining av,•ay from home oYernight as long as the employment is in accordance with 
rules adopted pursuant to section 772 and in accordance with 29 Code of Federal 
Regulations, Part 570. This section does not apply to any s-ueh minor ·who is employed 
directly by, vlith or under the supervision of either or both of the minor's parents; or to 
ffit)' such minor under 14 years of age employed in school lunch programs, if limited to 
serving food and cleaning up dining rooms, or in a business solely owned by the minor's 
parents. A parent is prohibited from employing the parent's minor child in occupations 
declared hazardous by the director pursuant to section 772 and in accordance with 29 
Code of Federal Regulations, Part 570. 
Page I - 128LR2188(03)-1 
COMMITTEE AMENDMENT 
ROFS 
COMMITIEE AMENDMENT" A" to S.P. 330, L.D. 991 
Sec. 2. 26 MRSA §772, sub-§2, as amended by PL 2009, c. 631, §47 and affected 
by §51, is further amended to read: 
2. Rules; list of employment and occupations. The director shall adopt rules to 
develop and maintain a list of employment and occupations not suitable for employment 
of for a minor. The rules must conform as far as practicable to the child labor provisions 
of the federal Fair Labor Standards Act of 1938, 29 United States Code, Section 212 and 
any associated regulations. 
The rules must also contain provisions prohibiting the 
employment of minors in places having nude entertainment and in registered dispensaries 
of marijuana for medical use authorized under Title 22, chapter 558-C and in 
establishments that cultivate, produce or sell marijuana or products in which marijuana is 
an ingredient or in recreational marijuana social clubs authorized under Title 7, chapter 
417. 
Sec. 3. 26 MRSA §773, as amended by PL 2009, c. 487, Pt. B, § 12, is repealed. 
Sec. 4. 26 MRSA §773-A is enacted to read: 
§773-A. Occupations 
1. Minors under 16 years of age. 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 a 
laundry commonly known as an automatic laundry, dry cleaning establishment, bakery, 
poolroom or commercial place of amusement, including a traveling show or circus, or in 
conjunction with an amusement, game or show that allows or conducts betting. 
2. Minors 14 and 15 years of age. The provisions of subsection 1 pertaining to 
manufacturing establishments do not apply to minors 14 years of age or older and under 
years of age who are employed in retail establishments where any frozen dairy product 
or frozen dairy product mix or related food product is produced on the premises for retail 
sale locally, regardless of trade name or brand or coined name. 
The provisions of subsection 1 pertaining to hotels or rooming houses do not apply to 
minors 14 years of age or older and under 16 years of age who are employed in outdoor 
occupations on the grounds of a hotel or who are employed in kitchens, dining rooms, 
recreational areas, lobbies and offices of a hotel. Minors 14 years of age or older and 
under 16 years of age are expressly prohibited from performing room service, 
housekeeping and making deliveries to guest rooms. 
The provisions of subsection 1 pertaining to bakeries do not apply to minors 14 years of 
age or older and under 16 years of age who are employed in retail sales, product 
decorating, customer service operations or office work for these establishments, as long 
as the retail, decorating, customer service or office areas are in a room separate from any 
baking operation. 
Notwithstanding other provisions of subsection 1, a minor 14 years of age or older and 
under 16 years of age may be employed at a commercial place of amusement operating at 
a permanent location, except that the minor may not be employed at games of chance as 
defined in Title 17, chapter 62 or hazardous occupations as determined by the director. 
COMMITTEE AMENDMENT 
ROFS 
COMMITIEE AMENDMENT "A" to S.P. 330, L.D. 991 
Subsection 1 does not apply to any minor under 16 years of age employed in a business 
solely owned by the minor's parents. A parent is prohibited from employing the parent's 
minor child in occupations declared hazardous by the director pursuant to section 772 and 
in accordance with 29 Code of Federal Regulations, Part 570. 
A minor 14 years of age or older and under 16 years of age may not be employed when 
the distance between the workplace and the home of the minor. or any other factor. 
necessitates the minor's remaining away from home overnight. 
3. Minors 16 and 17 years of age. A minor who is 16 years of age or older and 
under 18 years of age: 
A. May perform work in both nonagricultural and agricultural employment not in 
direct contact with hazardous machinery or hazardous substances in accordance with 
rules adopted pursuant to section 772 and in accordance with 29 Code of Federal 
Regulations. Part 570; 
B. May perform work as a theatrical actor or film actor; 
C. May be employed by a parent. but a parent is prohibited from employing the 
parent's minor child who is 16 years of age or older and under 18 years of age in 
7 
occupations declared hazardous by the director in accordance with rnles adopted 
pursuant to section 772 and in accordance with 29 Code of Federal Regulations, Part 
570; 
D. Is exempt from section 774. subsection 1, paragraphs A and C when performing 
work in the taking or catching of lobsters. fish or other marine organisms; and 
E. 
Who has graduated from a vocational. career and technical or cooperative 
education program approved by the Department of Education and is hired by an 
employer to work in an occupation for which the minor has been trained and certified 
by the vocational program may work for that employer in that occupation. 
Sec. 5. 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 16 years of age or older and under 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; 
COMMITTEE AMENDMENT 
!? OPS 
COMMITIEE AMENDMENT" A 
"to S.P. 330, L.D. 991 
F. After 10:15 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. 6. 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 Direotor 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. 
The bureau may revoke the work permit if the director determines the minor has not been 
employed in accordance with section 771, 772, 773-A or 774 or if the bureau has 
determined that the permit was improperly signed. 
The director shall notify the 
superintendent and the minor's employer in writing upon revoking a minor's work permit. 
Sec. 7. 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 and accessible to any attendance officer, factory 
inspector or other authorized officer or agent of the director charged with the enforcement 
of this subchapter. 
Sec. 8. 26 MRSA §775, sub-§6, as amended by PL 1993, c. 527, §1, is further 
amended to read: 
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 ffi0:5tef 
pennit as dlweloped by notice to the director under section 777. 
Sec. 9. 26 MRSA §777, as amended by PL 2001, c. 398, Pt. A, §2, is further 
amended to read: 
§777. Permit formats 
The blank work permit required by section 775 must be formulated by the director 
and furnished by appropriate means by the director to the persons authorized to sign work 
permits. The fonns of the permits must be approved by the Office of the Attorney 
General. Every vmrk permit must be made out in triplicate. All triplicates, accompanied 
by the original papers on which the permits were signed, must be forwarded to the bureau 
by the officer signing the permits, within 24 hours of the time the permit v,'as signed. The 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to S.P. 330, L.D. 991 
· 
bureau shall eJtatnine the papers and promptly return them to the offioer who sOH:t theffi 
after validating the oopies and retaining one oopy for bureau files. The offioer may then 
return to the minor all papers filed in proof of age. 'Nhenever there is reason to believe 
that a vr0rk permit was improperly signed, the director, deplity direotor or agent shall 
notif)r the looal superintendent of sehools of the plaee in 11Yhieh the oertifieate v,ras signed. 
The local superintendOH:t shall eanoel the permit ·when direeted to do so by the direetor. 
The direetor may develop an eleetronic transmittal system to fulfill these requirements. 
Permit forms may be made available by the bureau and submitted in paper or electronic 
format as long as the parent's or guardian's signature is submitted to the superintendent. 
The director shall de-velop 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 appro•ral by the direetor or the superintendent of 
schools. A minor on a master permit may be removed from the master permit for the 
same reasoas and in the same manaer as applicable to aa iadividual v,rork permit. 
Sec, 10. 26 MRSA §781, sub-§2, as enacted by PL 1991, c. 544, §10, is amended 
to read: 
2. Intentional or knowing violation of section 771, 772 or 773-A. An employer 
who intentionally or knowingly employs, permits or suffers any minor to be employed or 
to work in violation of section 771, 772 or m 773-A is subject to the following 
forfeiture or ciYil peaalty fines, payable to the State and recoverable in a civil action: 
A. For the first violation or a violation not subject to an enhanced sanction under 
paragraph B or C, a forfeiture or peaalty fine of not less than $500; 
B. For a 2nd violation occurring within 3 years of a prior adjudication, a penalty fine 
of not less than $5,000 nor more than $20,000; or 
C. For a 3rd and subsequent violation occurring within 3 years of 2 or more prior 
adjudications, a penalty fine of not less than $10,000 nor more than $50,000. 
Sec. 11. 39-A MRSA §408, sub-§§1 and 2, as enacted by PL 1991, c. 885, Pt. 
A, §8 and affected by §§9 to 11, are amended to read: 
1. Legally employed minors. A minor is deemed sui juris for the purpose of this 
Act if the minor's employer was not in violation of Title 26, section 771, 772 or m 
773-A at the time of the minor's injury. No other person has any cause of action or right 
to compensation for an injury to that minor employee except as provided in this section. 
2. Illegally employed minors. A minor is not deemed to have waived the minor's 
right of action at common law and under section 104 if the minor's employer was in 
violation of Title 26, section 771, 772 or m 773-A at the time of the minor's injury. 
A. The minor employee, the minor's parent or guardian or any other person, as 
permitted by common law or statute, may file a civil action permitted under this 
8 
subsection. 
B. The minor employee is entitled to compensation under this Act in addition to any 
right of action permitted under this subsection. 
COMMITTEE AMENDMENT 
~ , ' 
·~ 
COMMITTEE AMENDMENT" 
"to S.P. 330, L.D. 991 
r1 o.: e, 
A 
C. If the employer is self-insured for liability under this Act, any award received by 
the minor in an action permitted under this subsection must be reduced by the amount 
of compensation received under this Act. 
D. If the employer is insured for liability under this Act, the employer is considered a 
3rd party under section 107, and the employer's insurer is entitled to all rights of 
subrogation, contribution or other rights granted to an employer under section 107. 
Sec. 12. Department of Labor to study minimum wage for minors. The 
Department of Labor shall analyze the potential effects of enacting a special minimum 
wage applicable to minors under 18 years of age that is lower than the generally 
applicable minimum wage in the State on: 
1. Adult employment and youth employment; 
2. Businesses in the State, including a special analysis of the effect on seasonal 
businesses; 
3. Overall wage trends, including for low-wage workers and in specific industries; 
and 
4. The conditions underlying teen employment levels. 
7 
The department may perform this analysis by looking at workforce data in the State 
as well as data from other states that have established a special wage for minors under 18 
years of age. The department shall report its findings to the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development by January 15, 2018. 
Sec. 13. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Workforce Research Z164 
Initiative: Provides one-time funds for the cost of conducting the necessary research and 
analysis in order to study the potential impacts of implementing a special minimum wage 
applicable to minors under the age of 18. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOT AL 
SUMMARY 
2017-18 
$15,000 
$15,000 
2018-19 
$0 
$0 
This amendment, which is the majority report of the committee, strikes the bill and 
makes a number of changes relating to the employment of minors, including the 
6 
following. 
1. It prohibits all employment for minors under 14, except for agricultural 
8 
employment in the planting, cultivating or harvesting of field crops or other agricultural 
COMMITTEE AMENDMENT 
R rJ-~ ~ 
' t" c, 1 
COMMIITEE AMENDMENT" A" to S.P. 330, LD. 991 
employment not in direct contact with hazardous machinery or hazardous substances. It 
maintains an exception for employment in a business solely owned by the minor's 
parents, as long as it is not hazardous employment prohibited under Department of Labor 
rules or federal law. 
2. It adds establishments that cultivate, produce or sell marijuana or products in 
which marijuana is an ingredient and recreational marijuana social clubs to the list of 
employment and occupations not suitable for minors that the Department of Labor must 
prohibit by rulemaking. 
3. It changes the laws relating to minors 14 and 15 years of age to allow them to work 
in bowling alleys and movie theaters and to clarify their employment in bakeries, hotels 
and rooming houses. 
4. It moves the occupational restrictions for minors 16 and 17 years of age to the 
section with occupational restrictions for minors 14 and 15 years of age. 
5. It clarifies that graduates of vocational, career and technical or cooperative 
education programs approved by the Department of Education who are under 18 years of 
age can work in the occupations for which they were trained. 
6. It updates a provision regarding work permits for minors by deleting language 
dealing with triplicate permits and a master permit system, allowing for use of electronic 
permit submission and approval and changing the approval of the permit form from 
approval by the Attorney General to approval by the Office of the Attorney General. 
7. It grants the Department of Labor, Bureau of Labor Standards authority to revoke a 
work permit for violations of the laws regarding employment of minors. 
8. It directs the Department of Labor to study the potential effects of implementing a 
lower minimum wage applicable to minors under 18 years of age and to report back to the 
Joint Standing Committee on Labor, Commerce, Research and Economic Development 
with the department's findings by January 15, 2018. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Completed: 06/05/17 
LD991 
LR 2188(03) 
An Act To Establish a Minimum Wage for Minors 
Fiscal Note for Bill as Amended by Committee Amendment ''p/ ( S-d L{ 8) 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
FiscalNote Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$15,000 
$0 
$15,000 
$0 
Projections 
FY2019-20 
$0 
$0 
Projections 
FY 2020-21 
$0 
$0 
This bill includes a one-time General Fund appropriation of $15,000 in fiscal year 2017-18 to the Workforce Research 
program within the Department of Labor for the costs associated with the additional research and analysis that will 
need to be conducted in order to study the potential impacts of implementing a special minimum wage applicable to 
minors under the age of 18. According to the Department of Labor, the data necessary to perform the study is not 
readily available at either the state or federal level. 
LR2188(03)- Fiscal Note - Page 1 ofl