Maine Amends Child Labor Laws

By Sarah Green

On May 31, 2011, Maine Governor Paul LePage signed into law legislation easing restrictions on the state’s standards for child labor. Originally, the proposed legislation sought to remove all hour restrictions on 17-year-old employees, as well as summer work restrictions on 16-year-old employees. This sparked a lengthy debate among lawmakers.

Ultimately, many of the more controversial elements were struck from the legislation. As passed, the law increases the number of hours sixteen and seventeen-year-old employees can work during the school year from 20 to 24 hours per week. The law also raises the number of hours a minor may work per day from four hours to six hours. The law also permits minors to work until 10:15 pm on school nights.

The new law goes into effect 90 days after the adjournment of the Maine Legislature.

Photo credit: GRC Visuals

DOL Increases Penalties for Child Labor Violations

On May 19, 2010, the U.S. Department of Labor announced the publication of final regulations concerning child labor. Included in the regulations are increased penalties for child labor violations.

The maximum penalty for repeatedly or willfully violating the Fair Labor Standard Act’s minimum wage and maximum hours provisions, relating to wages, increased from $1,000 to $1,100 per violation.

Additionally, a new penalty provision was added for violations causing death or serious injury to an employee under the age of 18. Accordingly, violators can be subject to a maximum civil penalty of:

  • $50,000 for each violation; or
  • $100,000 for repeated or willful violations.

The regulations define “serious injury” as:

  • permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation);
  • permanent paralysis or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand, or other body part; or
  • permanent paralysis of substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body part.

The new regulations and penalties will take effect July 19, 2010.

This entry was written by Stacey James.