CHAPTER Lab 1000 YOUTH EMPLOYMENT
Statutory
Authority: RSA 276-A:8
REVISION NOTE:
Document
#5492, eff 10-20-92 made extensive changes to the
wording, format, structure, and numbering of rules in Chapter Lab 1000. The prior filings for former Chapter Lab 1000
include the following documents:
#1537, eff
2-20-80
#2515, eff
10-25-93
#4018, eff
3-21-86, EXPIRED: 3-21-92
CHAPTER Lab 1000 YOUTH EMPLOYMENT
PART Lab 1001 DEFINITIONS
Lab 1001.01 "Academic performance level"
as used in RSA 276-A:5, I, means the guidelines set by the school district in
New Hampshire in which the minor is enrolled.
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08; ss
by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
Lab 1001.02 "Brief duration" as used in
RSA 276-A:3, VII to define the term "casual work", means employment
of no more than 3 calendar days for any one employer.
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08;
ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
Lab 1001.03 "Duly enrolled
in school" as used in RSA 276-A:4, VI and VII, means any one of the
following:
(a)
The youth is enrolled as a student in a school;
(b)
The youth is attending classes or enrolled in a program for the purpose
of receiving a general equivalency diploma; or
(c)
The youth is currently being home-schooled by a parent or guardian in a
program authorized by the New Hampshire department of education pursuant to RSA
193-A for the purpose of receiving a diploma.
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08;
ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
Lab 1001.04 “General equivalency
diploma” as used in RSA 276-A:4 includes having obtained a New Hampshire
High School Equivalency Certificate.
Source. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff
6-26-21
Lab 1001.05 "Youth employment
certificate", as required by RSA 276-A: 5, means the document which is
issued to a youth by a principal, or
authorized representative, of a school in New Hampshire or by a parent or legal
guardian of the youth upon the receipt of an Employer's Request for Child Labor
Form and proof of age.
Source. #10931, eff 9-15-15
(from Lab 1001.04); ss by #13222, eff 6-26-21
PART
Lab 1002 PROHIBITIONS
Lab 1002.01 Youth Employment Certificate
Requirements.
(a)
Under RSA 276-A: 4, II, no youth under the age of 16 shall be employed
or permitted to work without first obtaining a youth employment
certificate, except that he or she may work for his/her parents, grandparents,
guardian, for casual work defined in RSA 276-A:3, VII or farm labor.
(b) A youth employment certificate shall not be
obtained through any other state.
(c)
A youth employment certificate or similar document issued by any other
state shall not be recognized by the State of New Hampshire.
(d)
A youth employment certificate shall not be required for youths enrolled
in approved school- to-work curricula under RSA 279:22-aa.
(e)
A youth employment certificate shall not be required for youths working
for an employer when the employer is owned, controlled, and managed exclusively
by the youth's parents, grandparents, or legal guardians.
(f)
A youth employment certificate shall not be required for youth
performing public service work pursuant to a court order.
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08;
ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
Lab 1002.02 Parental Permission
Requirements.
(a)
In accordance with RSA 276-A: 4, VIII, no youth 16 or 17 years of age,
who has not graduated from high school or obtained a general equivalency
diploma, shall be permitted to work without prior written authorization by the
youth's parent or legal guardian.
(b) The parental permission shall include the
following:
(1) The establishment's name and location;
(2) The date permission is given by the parent or
legal guardian;
(3) The signature of the parent or legal guardian;
(4) The title of the position the minor will fill
or a description of the work activities; and
(5) The minor's date of birth.
(c)
The parental permission shall be on file at the establishment's worksite
prior to the first day of employment.
Source. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08;
ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
Lab 1002.03 Hours Limitations.
(a)
As used in RSA 276-A: 4, IV the
term "vacations" shall not include any week in which school is in
session for one or more days.
(b)
Pursuant to RSA 276-A: 4, IV, no youth under 16 years of age shall work
earlier than 7 o'clock a.m. or later than 9 o'clock p.m.
(c)
Pursuant to RSA 276-A:13, any youth scheduled to work more than 2 nights in a week
past 8 o'clock p.m. shall not be permitted to work more than an 8-hour shift
during that particular week.
Source. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New. #9258, eff 9-11-08;
ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21
PART
Lab 1003 INCORPORATION
BY REFERENCE
Lab 1003.01 Hazardous
Occupations. Under the authority of
RSA 276-A:8, and in reference to the term hazardous occupation, as defined in RSA 276-A:3,
V, employers shall comply with the following federal orders regulating youth
employment in hazardous occupations:
(a)
The following standards and orders of the Child Labor
Bulletin No. 101 contained in "Child Labor Requirements in Nonagricultural
Occupations Under the Fair Labor Standard Act", publication WH-1330, available
as noted in Appendix II:
(1) The occupation standards for 14- and 15-year
olds;
(2) The employment standards for 16- and 17-year olds; and
(3) The exemptions for apprentices and
student-learners.
(b)
The following standards and orders of the Child Labor Bulletin No. 102
contained in "Child Labor Requirements in Agricultural Occupations Under
the Fair Labor Standard Act", publication WH-1295, available as noted in
Appendix II:
(1) The Hazardous Occupation Orders for
Agricultural Employment;
(2) The exemptions for Student-Learners, 4-H
Federal Extension Service; and
(3) Vocational Agriculture Training Programs.
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
New.
#9258, eff 9-11-08; ss by #10931, eff 9-15-15;
ss by #13222, eff 6-26-21
PART
Lab 1004 YOUTH
EMPLOYMENT IN FIREFIGHTING TRAINING – EXPIRED
Lab 1004.01 – 1004.04 - EXPIRED
Source. (See Revision Note at chapter heading for Lab
1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
New. #7337, eff 8-2-00;
EXPIRED: 8-2-08
APPENDIX I
Rule |
Statute |
Lab 1001.01 |
RSA 276-A:5, I |
Lab 1001.02 |
RSA 276-A:3 VII |
Lab 1001.03 |
RSA 276-A:3, VI and VII |
Lab 1001.04 |
RSA 276-A:4, VIII |
Lab 1001.05 |
RSA 276-A:5, I, II, III & V |
Lab 1002.01 |
RSA 276-A:4, II |
Lab 1002.02 |
RSA 276-A:4,
VIII |
Lab 1002.03 |
RSA 276-A:4, IV
& RSA 276-A:13 |
Lab 1003.01 |
RSA 276-A:3, V
& RSA 276-A:4, I |
APPENDIX II
Rule |
Title |
Obtain at: |
Lab 1003.01
(a) |
Child
Labor Bulletin No. 101 contained in "Child Labor Requirements in
Nonagricultural Occupations Under the Fair Labor Standard Act",
publication WH-1330 |
This publication is available
on the Internet on the NH Department of Labor’s Website at the following
address: http://www.nh.gov/labor/links/index.htm or by calling (603)
271-3176. Also, this publication is available on the Internet on the Wage and
Hour Division Home Page at the following address: https://www.dol.gov.sites/dolgov/files/WHD/legacy/files/childlabor101.pdf |
Lab 1003.01
(b) |
Child
Labor Bulletin No. 102 contained in "Child Labor Requirements in
Agricultural Occupations Under the Fair Labor Standard Act", publication
WH-1295 |
This
publication is available on the Internet on the NH Department of Labor’s
Website at the following address: http://www.nh.gov/labor/links/index.htm
or by calling (603) 271-3176. Also, this publication is available on the
Internet on the Wage and Hour Division Home Page at the following address: http://www.dol.gov/whd/regs/compliance/childlabor101_text.htm. |