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YOUTH EMPLOYMENT STANDARDS

YOUTH EMPLOYMENT STANDARDS. Protecting Youth in the Workplace Act 90 of 1978. Tara Bride Michigan Department of Education Office of Career and Technical Education. MISSION STATEMENT. To provide for the legal employment and protection of minors

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YOUTH EMPLOYMENT STANDARDS

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  1. YOUTH EMPLOYMENTSTANDARDS Protecting Youth in the Workplace Act 90 of 1978 Tara Bride Michigan Department of Education Office of Career and Technical Education

  2. MISSION STATEMENT • To provide for the legal employment and protection of minors • To provide for the issuance and revocation of work permits • To provide for regulation of hours and conditions of employment of minors • To provide for enforcement of this act

  3. Youth Employment Standards • Covers all Michigan employers who employ minors along with the Fair Labor Standards Act (FLSA). • FLSA applies to businesses with gross annual dollar volume (GADV) more than $500,000.00 annually or individuals who are involved in production of goods for interstate commerce (stricter standards applies).

  4. FLSA. . . Hospital or health care facility Public/Private pre-school, elementary, secondary or college Federal, state, local governments Agricultural who employs 500 man-days of labor in a quarter for previous or current year

  5. JURISDICTION • Sole Jurisdiction – employer is subject only to Youth Employment Standards Act (YESA) • Dual Jurisdiction – employer is subject to both YESA and the youth employment provisions of the Fair Labor Standards Act (FLSA) and the employer must observe the higher, more stringent standard (including, but not limited to work permits, general duty, adult supervision, hazardous substances, meal and rest periods and hour restrictions).

  6. MINOR is a person less than 18 years of age • Employees • Volunteers • Independent contractors • Performing artists

  7. AGE MINIMUM In general, the minimum age for employment is 14, with a few exceptions; • At least 11 years of age and less than 14 years of age may be employed as a youth athletic program referee/umpire for an age bracket younger if an adult representing the athletic program is on the premises at which the athletic program event is occurring and a person responsible for the athletic program possesses a written acknowledgment of the minor’s parent/guardian consenting to minor’s employment.

  8. AGE MINIMUM 11 years of age may be employed as a golf caddy 11 years of age may be employed as a bridge caddy at any event sanctioned by the American contract bridge league, etc 13 years of age may be employed to perform services which entail setting traps for formal or informal trap, skeet and sporting clays shooting events 13 years of age may be employed in farming operations as described in section 4 (3)

  9. UNDER 16 STATE WORK HOURS • Not more than six (6) days in 1 week • Not more than weekly average of 8 hours per day or 48 hours in 1 week • Not more than 10 hours in 1 day • Not between the hours of 9:00 pm and 7:00 am • Not more than 48 combined school and work when school is in session Non-School Days – holidays, snow days, conference days or any other day recognized by the school on which minor not required to attend classes shall not be counted as school hours for 48 hours in a work week

  10. LAW REQUIREMENT If minor is required by law to attend school, the work may only be performed outside of school hours, unless minor is enrolled and employed under a work-related educational program (409.119 (2) )

  11. WEEKLY AVERAGE To determine the weekly average of hours worked, divide total hours worked by 6 which is the number of allowable work days. • Dual covered employer produces a work permit for 15 year old minor that shows 35 hours in school. Under Section 10, minor may only work 13 hours in a work week. Under federal law, minor may work 18 hours in a week YESA, in this instance, is stricter and employer should be noted of violation of Section 10 if more than 13 hours were worked in 1 workweek.

  12. WEEKLY AVERAGE • 14 year old minor’s time card by dual covered employer show minor worked 1 hour shifts 7 days in a work week. YESA does not allow minor to work more than six (6) days in a work week. (Section 10 violation – not federal equivalent). • 15 year old minor works at concession stand for local golf course whose annual gross volume dollar exceeds (GADV) $500,000. Dual jurisdiction exists. During the month of May, minor works until 9:30 p.m. The business is in violation of both state and federal law, but federal law contains the stricter standard; therefore, employer not cited.

  13. WEEKLY AVERAGE • Minor’s time sheet show she worked 25 hours in a work week. Permit lists 30 school hours per week. The employer produces a calendar for the school minor attends and it shows she was off 2 days from school for conferences though shows 18 actual school hours (30 hours/5 days x 3 day) during the week in question 25 work hours + 18 actual school hours = 43 (No violation) • Employer must have school calendar to support the date

  14. UNDER 16 FLSA WORK HOURS Federal law does not allow minors less than 16 to work • More than 3 hours on a school day (Monday-Friday) • More than 18 hours in a school week • More than 8 hours on a non-school day • More than 40 hours in a non-school week • Before 7:00 am or after 7:00 pm (Labor Day–June 1) • Before 7:00 am or after 9:00 pm (June 1- Labor Day) Note: Dual jurisdiction - the stricter standard applies

  15. EXEMPT MINOR 409.116 – 409.117 – 409.118 – 409.119

  16. EXEMPT MINOR • Solicit, sell, distribute or offer for sale newspapers, magazines, periodicals, political or advertising, etc • Employment in business owned (if sole owner, partner or stockholder) and operated if he or she devotes substantially all of their working hours to operation of business • Services performed as a member of recognized youth oriented organization (Boy/Girl Scouts, etc)

  17. YOUTH ORIENTED ORGANIZATIONS Aimed at preparing young people to meet the challenges of adolescence, education, and socialization through a coordinated, progressive series of activities and experiences which help them gain skills and competencies and that engages in citizenship training and character building, if the services they provide are not intended to replace employees in occupations for which workers are ordinarily paid (i.e., 4-H Club, National Honor Society, School/Athletic Boosters, Big Brothers/Sisters, JROTC, etc)

  18. YOUTH ORIENTED. . . • Minor, as a member of the National Honor Society, is required to perform 120 hours of community service in order to remain a member. This minor is exempt under Section 19(1)(d) as a member of a youth oriented organization • Ms. Smith’s class is required to go to the local senior citizen’s center to serve lunch. They go as a group and are supervised by Ms. Smith. (This is not employment situation; it’s a classroom experience or field trip)

  19. YOUTH ORIENTED. . . Minor has to perform 40 hours of community service before May 15 to fulfill graduation requirements. Minor is free to engage in the community service of choice. Minor is employed as a volunteer and all requirements of the Act need to be followed. Minor may volunteer for the American Red Cross; however, they would not be exempt because the organization does not meet the youth oriented requirement. Minors still need work permit and all hours and hazardous employment restrictions apply

  20. EXEMPT MINOR • Student 14 years or older employed by a school, academy or college in which minor is enrolled • Student 14 years or older working under a work-study contract between an employer and a school district • Nonhazardous construction work or operations performed as an unpaid volunteer, if the construction work or operations are performed under adult supervision for a charitable housing organization (i.e., Habitat for Humanity)

  21. CHARITABLE HOUSING Is a nonprofit charitable organization with the primary purpose, of which, is the construction or renovation of residential housing for low-income

  22. EXEMPT MINOR Farm work if employment is not in violation of a standard and the work activity designated in section 11 – agriculture, forestry, fishing, and hunting of the North American Industry classification system (US 1997) www.census.gov/epcd/www/naics.html Farm work on a farm as an incident to or in conjunction with farming operations including preparation for market and delivery to storage, market, or carriers for transport to market (plant, cultivate or harvest crops or raise livestock).

  23. WHO NEEDS A WORK PERMIT • Home school • Online school • Virtual school • Cyber school • Does not attend school • Out of state resident

  24. WHO NEEDS A WORK PERMIT. . . Home School Student is educated at minor’s home by parent/ guardian Schoolis a public school district, intermediate school district, public school academy, or nonpublic school that is in compliance with the Private, Denominational, and Parochial Schools Act, Public Act 302 of 1921. Nonpublic School – is a private, denominational, or parochial school, not a home school (must be in compliance with Public Act 302 of 1921, the Private Denominational and Parochial Schools Act).

  25. WORK PERMIT • Is employer specific • Shall be returned to issuing officer immediately after termination of employment • Is distinct in color • (pink) Under 16 and • (yellow) 16/17 • Is valid as long as minor is continuously employed at same employer

  26. WORK PERMIT. . . Is needed before employment begins; therefore, the person or employer proposing to employ the minor must procure from the minor an age appropriate and color appropriate valid and completed work permit and keep on file at the work site or work location. The work permit is issued by an issuing officer of the school district, intermediate school district, public school academy or nonpublic school and placed in minor’s permanent school file.

  27. ISSUING OFFICER Is the chief administrator of a school district, intermediate school district, public school academy, or nonpublic school or a person authorized by that chief administrator in writing to act on his or her behalf. Issues work permit onlyin person to the minor desiring employment and after having examined, approved, and filed the following papers. . .

  28. PUBLIC RECORDS The Michigan Freedom of Information Act (FOIA) Public Act 442 of 1976, as amended, defines public records as recorded information “prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” Two laws provide that local government records belong to the people of Michigan. • Section 5 of the Michigan Historical Commission Act (MCL 399.5) provides that all records required to be kept by local public officers in the discharge of their duties, records required to be filed in local public offices, and records which represent memorials of transactions. . .

  29. PUBLIC RECORDS Section 491 of the Michigan Penal Code (MCL 750.491) declares that all official books, papers, and records created by (or received in) any office or agency of the political subdivisions of the state of Michigan are considered public property, belonging to the people of the state. . . Section 491 of the Penal Code (MCL 750.491) declares the improper disposal of local government records to be a crime. . .shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than $1,000.00”

  30. 16/17 WORK HOURSNon Agricultural • Not more than six (6) days in 1 week • Not more than 8 hours average per day in 1 week • Not more than ten (10) hours in 1 day • Not more than 24 hours when school is in session • Not more than 48 hours in 1 week when school is not regularly (7 calendar days or more) in session

  31. 16/17 STUDENT WORK HOURSNon Agricultural • 6:00 am – 10:30 pm (Sun – Thur) • 6:00 am – 11:30 pm (Fri and Sat) and during school vacation, and during school vacation period when minor is not regularly enrolled in school, at least 7 consecutive calendar days

  32. LAW REQUIREMENT If a minor is required by law to attend school, the work may only be performed outside of school hours, unless the minor is enrolled and employed under a work-related educational program

  33. RECORDKEEPING Employer must maintain records not less than 1 year for minor • Name, Address, Date of Birth • Start date • Occupation/Nature of work • # of hours worked each day • Total hours worked each week • Starting and ending time worked each day • Beginning and ending time of documented and uninterrupted 30 minutes or more meal/rest period

  34. POSTING REQUIREMENTS Employer shall keep posted conspicuously in or about the premises at which minor is employed printed copy of sections 10, 11, and 12 “Posting Requirements” Minor employment by multiple employers or at multiple locations must still be in compliance with Sections 10 and 11 of the YESA

  35. MEAL AND REST PERIODS Minor shall not work more than 5 continuous hours without a documented and uninterrupted meal and rest period of 30 minutes or more An interval of less than 30 minutes shall not be considered to interrupt a continuous period of work. Meal and rest period must be continuous, uninterrupted period of at least 30 minutes or more

  36. MEAL AND REST PERIOD. . . Employer provides minor employees with several 15 minute breaks during a 5.5 hour shift is in violation. 15 minute break is considered time worked for purposes of determining 5 continuous hours of work If minor’s meal and rest period is interrupted (to wait on customer, etc) employer is in violation If minor receives an uninterrupted meal and rest period of 30 minutes, but works more than 5 continuous hours before or after, employer is in violation

  37. ADULT SUPERVISION • Minor shall not be employed subject to the act unless the employer or an employee who is 18 years of age or older provides supervision • Minor shall not be employed subject to the act unless the employer or an employee who is 18 years of age or older is present • Supervision must ensure immediate assistance is available

  38. ADULT SUPERVISION. . . Special penalties apply for employing minors in an occupation at a fixed location involving cash transactions after sunset or 8:00 pm, whichever is earlier (without required supervision) of the employer or another employee of the employer who is, at least 18 years of age or older, present at the fixed location

  39. ADULT SUPERVISION. . . • Minor works 5:00 pm to 10:00 pm retrieving shopping carts from parking lot. There is a 25 years old supervisor in the store. • Minor works 10:00 am – 5:00 pm in a mall clothing store. Employer who works with minor leaves minor alone for brief periods to run errands associated with the business. Employer is in violation of the supervision requirements under Section 3 R 408.6207 since the employer or an employee at least 18 years of age is not at fixed location

  40. ADULT SUPEVISION. . . • Minor works 5:00 pm – 10:00 pm at convenience store/gas station running the register. Another employee, over 18, works as a mechanic on the premises, in a garage, detached from the building where minor works (violation 409.112a supervision not present at fixed location where minor works) • Minor works 5:00 pm – 10:00 pm at convenience store/gas station running the register. Another employer over 18 works, not minor’s supervisor, works on premises with minor (No violation because there is another adult present at fixed location where minor is working after 8:00 pm) Note: No federal equivalent standard for adult supervision, therefore, the state has the stricter standards)

  41. ADULT SUPERVISION. . . However, minor may be unattended for infrequent periods when they are not at a fixed location except for occupations determined to be hazardous • Fast food restaurant runs out of buns. Minor is given instructions to go to another location to get buns. Minor operates a vehicle by himself which meets all the requirements of R408.6208 (13) – no violation because occasional and incidental driving • Minor rides by self on a bike to go to the post office to drop off and pick up the employer’s mail – no violation because minor unattended for a brief period and not at fixed location

  42. OCCASIONAL and INCIDENTAL Driving – is not more than one third of work time in any work day and no more than 20% of work time in one work week (Time Sensitive Deliveries Excluded)

  43. GENERAL DUTY SEC. 5. Duties “(a) Each employer - • (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;. . .” For more information www.dol.gov or OSHA

  44. ALCOHOLIC BEVERAGES • Minors may not work for an employer whose alcohol sales are more than 50% of total sales • Minor 16 years of age or older may not work in, about, or in connection with that part of an establishment where alcoholic beverages are distilled, rectified, compounded, brewed, manufactured, bottled, consumed, distributed, sold at retail, or sold for consumption on the premises unless the sale of food or other goods constitutes at least 50% of the total gross receipts.

  45. ALCOHOLIC BEVERAGES. . . • Minors 15 years of age or younger may not work in, about, or in conjunction with that part of the establishment where alcohol is consumed or sold for consumption regardless of sales percentage [Reference AG Opinion #6250 October 17, 1984]. • www.ag.state.mi.us/opinion/datafiles/1980s/op06250.htm • If the sale of food or other goods constitutes, at least 50% of the total gross receipts of the establishment, then minors 14- and 15- years of age may be employed in an establishment where alcoholic beverages are sold at retail.

  46. ALCOHOLIC BEVERAGES. . . Minors under 18 cannot serve, sell, or furnish alcoholic beverages. For more information on regulations concerning selling and furnishing alcoholic beverages, please contact Liquor Control Commission, Enforcement Division (866-893-2121)

  47. HAZARDOUS SUBSTANCE R 408.6204 “(a) - is a contaminant, substance, or mixture of substances which is toxic, corrosive, an irritant, a strong sensitizer, or flammable or which generates pressure through decomposition, heat ,or other means, if the substance or mixture of substances is capable of causing substantial personal injury, impairment, or substantial illness through absorption, inhalation, or personal contact. . .”

  48. PROHIBITED - HAZARDOUS • Contact with hazardous substances, chemicals, explosives, or radioactive substances • Driving or work as an outside helper (i.e., pizza delivery) • Occupations involving the operation of assisting in the operation of, and riding on hoisting apparatus, including forklifts • Occupations involving work under elevated equipment • Jobs in mining, logging, or sawmill industries

  49. PROHIBITED - HAZARDOUS Occupations involving construction work including highways, bridges, and streets, roofing, excavating, wrecking, demolition, additions, or improvements 16 and 17 year old minors may be employed doing clean up, but not in listed operations Occupations involving power driven equipment, tools, saws, or machinery Jobs using woodworking or metal forming machinery Occupations involving slaughtering, meat packing, rendering, or tanning

  50. PHARMACY DEPARTMENT The practice of any minor, under the age of 18, handling, working, or employed as a clerk or pharmacy technician, in an area (pharmacy department) where they would be exposed to or distribute prescription drugs is prohibited and poses a condition that is considered to be hazardous or injurious to the health and well-being of minors. Therefore, the distribution, handling or exposure to prescription drugs by an individual under the age of 18 is prohibited.

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