• Clarifications: Some provisions relating to employment tasks are clarified including: When youth may ride inside or outside of passenger compartments of motor vehicles; the types of materials and situations in which youth may load and unload motor vehicles; and provisions regarding meat coolers and freezers. The Final Rule also clarifies regulations relating to hours of work permitted for 14- and 15-year- olds. First, it clarifies that the 3 hour limit on employment on school days includes Fridays. Second, the prohibition on working during “school hours” is clarified as being “determined by the local public school district” where the minor resides, regardless of whether the student attends public school. Third, the Final Rule requires employers to use the same “week” (the 168 hour period that is used for computing whether employees are due overtime) to determine compliance with the child labor laws. Additionally, the Final Rule creates a work-study program for 14- and 15-year-old students in college preparatory curricula, recognizing that various work-study programs are already in place throughout the country. The new work-study program must meet specific requirements set out in the Final Rule, but it allows 14- and 15-year-old students to work during school hours, whereas child labor regulations otherwise prohibit working during school hours. The Child Labor provisions do not apply to children under 16 years of age employed by their parents in occupations other than manufacturing or mining or occupations declared hazardous by the Secretary of Labor. However, this exception only applies when the parent is the sole employer of the minor. Although an employer is not required by federal law to obtain an age certificate or work permit in order to hire minors, Minnesota law does require an employer to have proof of age of any employee or applicant who is a minor. Employers may, however protect themselves from unintentional violations of the child labor laws by keeping on file an age certificate or work permit for each minor employed. Employers who are found to have violated the federal child labor laws may be fined up to $10,000 for each violation. MINNESOTA CHILD LABOR STANDARDS Under the Minnesota Child Labor Standards Act, a minor under 14 may not be employed, except: • If at least 11 years old, as a newspaper carrier. • If at least 12 years old, in agricultural operations with parent’s or guardian‘s permission. • As an actor or model with approval from the Minnesota Department of Labor and Industry. • As an assistant soccer referee. A minor under 16 may not work: • Before 7 a.m. or after 9 p.m. except as a newspaper carrier. • More than 40 hours a week or eight hours in a 24-hour period except in an agricultural operation. • On school days during school hours, unless an Employment Certificate is issued by the appropriate school officials and kept on file by the employer.
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