Minor Work Contractor

[Melissa Alvarado]

Employersare generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 212(c), and the FLSA regulations at 29 CFR Part 570. Certain provisions of Oregon state law may be less restrictive than federal law, and employers covered by the FLSA that only follow a less restrictive provision of Oregon state law will be in violation of federal law. See 29 U.S.C. 218(a). For more information on federal child labor law, please visit the U.S. Department of Labor's Wage and Hour Division Website at www.dol.gov/whd.

All employers must have a certificate to employ minors under 18 years of age. Employers can apply online, or email child...@boli.oregon.gov to request a printed copy of the application by mail. Minors age 14-17 are not issued individual work permits in Oregon.

Agriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction with such farming operations. Employees of a farmer who handle agriculture commodities of other farmers are not considered to be engaged in agriculture.

An employer that wants to employ a minor in agriculture for more than the maximum number of hours provided in the "Laws regulating the employment of minors in agriculture" section above may apply for an Agricultural Overtime Permit. This permit is only valid during the summer harvest season and does not apply to days or weeks when the school the minor attends is in session.

Entertainment includes employment as an entertainer or performer in motion pictures, television, radio, still photography, recording, modeling, theatrical appearances, rodeos, musical performances and any other activity where minors perform to entertain the public, or as a performer in connection with the production of commercial advertising, education, training, institutional purposes or documentaries. Entertainment does not include appearances in school activities, church pageants, or other appearances where minors are not employed as an entertainer or performer.

Entertainment employers who anticipate employing minors in certain types of productions, for fewer than 5 days, in more than one production, may apply for an Annual Registration Certificate. This replaces the need for an Employment Certificate or other Employment Permits. Limited to employment in connection with the production of commercial advertising; education, training, or institutional purposes; or documentaries.

An employer must verify the age of every minor hired and must also apply each year for a single annual employment certificate. The certificate covers all minors employed, even in multiple locations. The employer estimates the number of minors to be employed during the year, lists their job duties, and identifies equipment or machinery they will use. BOLIs Child Labor Unit reviews the application and, if approved, sends the validated certificate to the employer. The certificate must be posted in a conspicuous place where employees may readily review it. Yearly renewal notices are sent to employers who have certificates on file.

In most cases, yes. The requirement to have a valid employment certificate would not apply to a parent employing a minor in agriculture. Similarly, minors may be employed on commercial fishing vessels without an employment certificate when employed and supervised by the minors' grandfather, grandmother, father, mother, brother, sister, uncle, or aunt. Child labor laws do not apply to:

Yes. Minors are generally protected by the same laws that protect adults, and they must be paid the same minimum wage as adults for all hours worked. Minors are also covered by overtime laws and laws regulating paydays, final paychecks, and deductions from wages. Although the age discrimination law in Oregon applies only to persons 18 or older, minors are otherwise protected by the same state and federal anti-discrimination laws that apply to adults.

There are no limits on the number of hours 16- and 17-year-olds may work in a day. However, 14- and 15-year-olds may not work during school hours, may not work more than three hours on any school day, and may not work more than eight hours on non-school days. Also, 14- and 15-year-olds may only work between the hours of 7:00 a.m. and 7:00 p.m. (and as late as 9:00 p.m. between June 1 and Labor Day).

Several hazardous types of work are completely off-limits for minors. These include the operation of most power-driven machinery, including hoisting, woodworking and cutting/slicing equipment. Also prohibited are tasks involving exposure to dangerous worksites, such as work in mines, on roofs and in areas containing radioactive substances. Fourteen- and 15-year-olds are subject to greater restrictions, and are not permitted to work in or around most kinds of power-driven machinery or on construction sites, in warehouses, or at other locations where power-driven machinery is used. There are some exceptions for student-learner programs which meet specific criteria.

Yes. As with adults, minors must be given a paid rest period for every work segment of four hours or the major portion thereof (any period longer than two hours). Although rest periods for adults must be at least 10 minutes, they must be at least 15 minutes for minors. In addition, minors must be given at least a 30-minute meal period for any work period of six or more hours. This meal period can be unpaid as long as the minor is completely relieved of all duties. Exceptions to meal period requirements do not apply to 14- and 15-year-old employees.

Yes. Minors delivering newspapers or performing domestic work (such as lawn-mowing or baby-sitting) in private residences are not covered by child labor laws. Likewise, referees or assistant referees in youth or adult recreational soccer matches are not covered by child labor laws.

No, unless the cooking is done in a place visible to the public, such as a soda fountain, lunch counter, snack bar or cafeteria serving counter. Sixteen- and 17-year-olds may perform kitchen work out of the public view, provided they do not use certain hazardous baking, mixing and slicing machinery.

Different rules apply to minors working in agriculture. For example, minors as young as 12 years old may pick crops on a farm where their parents are employed, or if their parents provide written consent.

Under the Building (Minor Works) Regulation (B(MW)R), the Minor Works Control System provides a simplified control mechanism to allow the carrying out of minor works without prior approval of plans by the Buildings Authority (BA).

In order to ensure their competency, minor works contractors are required to be registered under the Buildings Ordinance (BO). A minor works contractorthat is registered in the name of a company (including sole proprietorship (i.e. individual), partnership or body corporate) to carry out various types and classes of minor works is referred to as a registered minor works contractor (company) (RMWC(Co)).

Under section 12(5) of the B(MW)R, an applicant registering as an RMWC(Co) must satisfy the BA the adequacy of its management structure (for a body corporate), the appropriate qualification and experience of its key personnel, the ability to have access to plants and resources, and the ability of the persons appointed to act for the applicant for the purpose of the BO.

For renewal:

Simply submit the completed application Form BA25A and Checklist CL-BA25A with payment of the prescribed fee, together with the following supporting information, not earlier than 4 months and not later than 28 days prior to the date of the expiry of the registration .

(Sample for Form BA25A/Video for completing BA25A and Checklist BA25A)

For restoration:

Simply submit the completed application Form BA25B and Checklist CL-BA25B with payment of the prescribed fee, together with the following supporting information, within 2 years of the date of expiry of the registration .

This exemption for the employment of student-learners may be revoked in any individual situation where it is found that reasonable precautions have not been observed for the safety of minors employed thereunder.

Occupations:

Certain occupations are declared to be hazardous by the U.S. Secretary of Labor and have been adopted by the Commissioner of Labor and Industry. The Commissioner has forbidden employment by minors under 18 in other occupations. Additional areas of employment are restricted to minors under the age of 16. Information on all of these areas of restricted employment is available from Issuing Officers in Maryland's secondary schools or from the Division of Labor and Industry. Find out more on the Employment of Minors Fact Sheet (Word) or Hoja informativa secundaria (Word).

Apply for a Work Permit

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The mission of the Maryland Department of Labor is to connect Marylanders to good jobs; protect workers, consumers, and the public; support Maryland businesses; and foster economic growth and competitiveness.

Under the Building (Minor Works) Regulation (B(MW)R), the Minor Works Control System provides a simplified control mechanism to allow the carrying out of minor works without prior approval of plans by the Buildings Authority (BA). In order to ensure their competency, minor works contractors are required to be registered under the Buildings Ordinance (BO). Individual self-employed workers with suitable qualifications and experience are eligible for registration as registered minor works contractor (Individual) (RMWC(Ind)).

Under section 11(2) of the B(MW)R, an applicant registering as an RMWC(Ind) must satisfy the BA on: the appropriate qualification and experience; the ability and skills to personally carry out the class III minor works for which registration relates; completion of a recognised training course on class III minor works; and the applicant is suitable for registration in the register.

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