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					                                                   *(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 - labor@nd.gov
     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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