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A 15-year-old in Bangor gets offered a summer job scooping at an ice cream stand. Before the first shift, Maine law says two things have to happen: a parent has to give permission, and the Maine Department of Labor has to approve a work permit for that exact job. Maine also has its own rules on hours that go further than federal law. When both state and federal rules apply, the employer has to follow whichever one protects the young worker more.
Under 16: one permit for each job
A work permit is a state form that says a specific employer may hire a specific minor. In Maine, anyone under 16 needs one before starting work, including home-schooled students and teens working for their own parents. To qualify, you must be enrolled in school, not habitually truant or suspended, and passing most of your classes in the current grading period.
Once you have a job offer, take proof of your age to the office of your local superintendent of schools. The superintendent's office fills out the permit and sends it to the Department of Labor, which checks that you are old enough for that business and that the work is not hazardous. You cannot start until the Department approves it. A permit covers one job only, and you can hold one during the school year and two in the summer.
Maine also sets ages by type of workplace. At 14 you may work in places like restaurants, stores, camps, and ice cream stands. At 15 you may add hotel and motel dining rooms, kitchens, and offices, but not room service. At 16 you may work in places like bakeries, garages, and bowling alleys.
How many hours you can work
If you are 14 or 15, you may work between 7 a.m. and 7 p.m. during the school year, and until 9 p.m. during summer vacation. On a school day, Friday included, the limit is 3 hours. In a school week it is 18 hours. On a day with no school it is 8 hours, and in a week with no school it is 40.
At 16 and 17, federal law sets no hour limits at all. Maine does, as long as you are enrolled in school. You may work up to 6 hours on a school day, 8 on the last school day of the week, and 10 on a day without school. The weekly cap is 24 hours in a week with three or more school days, and 50 hours otherwise. On a night before school you must stop by 10:15 p.m. At any age under 18, you may not work more than 6 days in a row.
These limits stop applying to 16- and 17-year-olds who are no longer enrolled in school. Maine's compulsory school age runs to 17, so leaving earlier needs permission from the local school board.
Pay, and who to call if something is wrong
Maine's minimum wage is $15.10 an hour, and it now covers farm workers too. The state labor department's pay notice lists no separate, lower wage for teens. Some cities, such as Portland and Rockland, set a higher local minimum, so check with your city if you work there.
If your hours, your pay, or your permit seem wrong, contact the Maine Department of Labor's Wage and Hour Division, part of its Bureau of Labor Standards, at 207-623-7900 (TTY users can call Maine Relay 711). Keep your own notes of when you started and stopped each shift. Your employer is required to keep those records too.
The federal government's power to set child labor rules was settled in United States v. Darby (1941). In that case the U.S. Supreme Court said Congress may limit child labor through its power over trade between states, and it overruled Hammer v. Dagenhart (1918), which had said Congress could not.
Lembre-se disto
- Under 16, you need a Department of Labor approved work permit for every job, started through your superintendent's office.
- At 14 and 15, school days are capped at 3 hours and school weeks at 18 hours.
- At 16 and 17, Maine limits hours while you are in school, even though federal law does not.
- Maine's minimum wage is $15.10 an hour; problems go to the Wage and Hour Division at 207-623-7900.
Fontes
- Maine Department of Labor: Maine Laws Governing the Employment of Minors (abre em uma nova aba)
- Maine Department of Labor: Maine's Minimum Wage $15.10 Per Hour Beginning Tomorrow, Including for Agricultural Workers (abre em uma nova aba)
- Legal Information Institute: United States v. Darby, 312 U.S. 100 (1941) (abre em uma nova aba)
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