*(Limited exemptions may apply) Prohibited Employment - Federal For further information on these restrictions, Federal law regarding the types of contact the U.S. Department of Labor. employment prohibited for 14-15 year old employees mirrors state law (listed on the Highest Standard of the Law inside of this brochure), with the following additions: • lawn-mowing (except in domestic When state and federal child labor provisions differ, the more “stringent” standard prevails and must be followed. Youth • employment) manufacturing and most processing For example, if federal law prohibits a type of employment that is allowed under state law, Employment in North Dakota • public messenger service • communications and public utilities the federal law would apply and the work • operation of hoisting apparatus would be prohibited. • loading and unloading goods to and from Wages trucks, railroad cars, or conveyors The minimum wage in North Dakota is $6.55 Federal Hazardous Occupations per hour, with an increase to $7.25 per hour State & Federal effective July 24, 2009. Employees are In addition to the occupations specifically prohibited for employees ages 14-15, entitled to compensation for all hours worked Laws & Regulations including preparation time, closing time, and federal law also prohibits the following any required meetings or training. North occupations for anyone under the age of 18: Dakota does not have a training wage. The 1 Manufacturing and storing explosives. minimum wage applies to all employees, 2 Motor-vehicle driving and outside helper.* regardless of age, unless the position is 3 Coal mining. 4 Logging and sawmilling. exempted by law or administrative rule. 5 Power-driven woodworking machines.* 6 Exposure to radioactive substances. Unless otherwise noted, state laws regarding 7 Power-driven hoisting apparatus. child labor can be found in N.D.C.C. Chapter 8 Power-driven metal forming, punching, and 34-07 and N.D. Admin. Code Chapter 46-02-07. shearing machines.* Federal laws are contained in the Fair Labor 9 Mining, other than coal mining. Standards Act (Child Labor Bulletin No. 101). 10 Operating power-driven meat processing equipment, including meat slicers and other Have Additional Questions? food slicers, and most occupations in meat Need assistance with this information? slaughtering or meat-packing, processing, or rendering.* Contact us at: 11 Power-driven bakery machines including North Dakota Department of Labor vertical dough or batter mixers. 600 East Boulevard Ave, Dept. 406 12 Power-driven paper-products machines Bismarck, ND 58505-0340 including scrap paper balers and cardboard box compactors.* Phone - (701)328-2660 or 1-800-582-8032 John Hoeven TTY (Relay ND) - 1-800-366-6888 or -6889 13 Manufacturing bricks, tile, and kindred Fax - (701)328-2031 Governor products. 14 Power-driven circular saws, bandsaws, and E-Mail - email@example.com guillotine shears.* Web site - nd.gov/labor Lisa K. Fair McEvers 15 Wrecking, demolition, and ship breaking U.S. Department of Labor Commissioner of Labor operations. 16 Roofing operations and all work on or about 1-866-487-9243 a roof.* Web site - www.dol.gov/esa/whd 17 Excavation operations.* Rev. 7/08 Child Labor Laws The North Dakota Department of Labor is responsible to protect the safety and welfare of North Dakota’s State child labor provisions establish a teen workers through enforcement of youth employment laws. Together with the U.S. Department of Labor, minimum age of 14 to be employed and it is our aim to provide safe, quality employment opportunities for our youth—the key to our future. regulate the employment of teens ages 14 the certificate is available through the North 2 Construction work other than cleaning, and 15. Generally, persons age 14 and 15 Dakota Department of Labor (on-line and errand-running, moving, stacking, loading, are required to file an Employment and Age or unloading materials by hand. in-office) and Job Service North Dakota 3 Lumbering or logging operations. Certificate (work permit) with the North offices. 4 Sawmills or planing mills. Dakota Department of Labor, are limited in 5 Manufacture, disposition, or use of the hours they can work, and are prohibited The E&A certificate has sections for the explosives. from performing certain types of work. youth, parent, and employer to complete. 6 Operation of any steam boiler, steam Once completed, copies are to be machinery, or steam generating apparatus. Federal child labor laws further limit the distributed to the employer, school principal, 7 Operation or assisting in the operation of types of work that can be performed by and North Dakota Department of Labor. laundry machinery. teens 14 and 15 years of age and prohibit 8 Preparing any composition in which Working Hours dangerous or poisonous acids are used. teens ages 16 and 17 from working in 9 Manufacture of paints, colors, or white lead. certain occupations the U.S. Department of Under state and federal laws, youths age 10 Operating or assisting in the operation of Labor deems to be hazardous. 14 & 15 may work: passenger or freight elevators. Permitted Working Hours - 11 Work in a mine or quarry. Exemptions from Child Labor Laws Labor Day - May 31st: 7:00 am - 7:00 pm 12 Manufacture of goods for immoral purposes. Teens may be exempt from some or all June 1st - Labor Day: 7:00 am - 9:00 pm 13 Any other employment not herein state child labor provisions if they: Maximum hours per day - specifically enumerated that may be • are exempt from compulsory school 3/school day; 8/non-school day considered dangerous to life or limb or in attendance requirements under N.D.C.C. which health may be injured or morals §15.1-20-02(1)(b), (c), or (d) – exempt from Maximum hours per week - depraved. restricted hours and need for a work permit 18/school week;* 40/non-school week 14 Occupations which involve working on an *Under state law, a school week is any week elevated surface, with or without the use of • work for and under the direct supervision of Sunday-Saturday in which school attendance is safety equipment, including ladders and their parent, grandparent, or legal guardian required for any period of time for four or more scaffolds in which the work is performed – exempt from minimum age and need for days. For employers covered by the FLSA, the higher than six feet off of the ground. a work permit (*Note: the exemption under U.S. DOL has interpreted their regulations that 15 Security positions or occupations that federal law does not include grandparents, the term “school week” includes any week in require the use of a firearm or other and requires that the business be 100% which school is in session one or more days. weapon. owned by the parent or guardian) 16 Door-to-door sales of any kind. • work in domestic service (refers to services Prohibited Employment - State 17 Occupations involving the loading, of a household nature performed in or State law prohibits 14 and 15 year old handling, mixing, applying, or working about the employer’s private home) – around or near any fertilizers, herbicides, exempt from minimum age, restricted employees from working in the following: fungicides, pesticides, insecticides, or any hours, and need for a work permit 1 Employment involving the use of any power- other chemicals, toxins, or heavy metals. • work on a farm (doing agricultural work) – driven machinery. Permitted exceptions: 18 Occupations in or in connection with a) office machines such as adding machines or medical or other dangerous wastes. exempt from all child labor provisions typewriters; b) tagging, pricing, or similar 19 Occupations which involve the handling or (*Note: federal law does have some machines used in retail stores; c) domestic-type storage of blood, blood products, body restrictions for youth under age 16) machines used in food service such as toasters, fluids, and body tissues. coffee grinders, blenders; d) machines used in 20 Cooking, baking, grilling, or frying. Employment & Age Certificate service stations such as those in connection with 21 Warehouse or storage work. car cleaning, washing, or polishing, or in the Employees in North Dakota ages 14 and 15 dispensing of gas or oil (provided that no work 22 Trucking or commercial driving. are required to file an Employment & Age involves the use of pits, racks, or lifting apparatus or the inflation of any tire mounted on a rim Additionally, any employment which would (E&A) Certificate for each job worked while equipped with a removable retaining ring); compel the person to remain standing ages 14 or 15. Also called a work permit, e) lawnmowers. constantly is prohibited.
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