Wage and hour panel requires parents to monitor teens' night work


The Oregon Wage and Hour Commission has backed off on its proposed rule amendment to allow small employers to work children under the age of 16 into the night and for more hours than are currently permitted when school is in session.

Instead, in reaction to criticism organized by the Oregon AFL-CIO, the commission rewrote its amendment to apply only to evening work when children will be employed and supervised by their parents. In such situations, where waivers are requested by the parent, the new rule will allow children to work until 9 p.m., provided there is no adverse impact on the "health, safety and education" of the child. The current daily and weekly limits on the number of hours worked remains in effect.

"Minors in this age group, who are employed by their parents, may request a special permit to work until 9 p.m., instead of the current year-round limitation of 6 p.m. for minors under 14, and 7 p.m. for 16- and 17-year-olds during the school year," noted the Oregon Bureau of Labor and Industries in a press release. "In order for the commission to issue a special permit, parent employers would have to show that their child will be supervised during the later working hours and that they will give priority to the child's health, safety and education."

Tim Nesbitt, president of the Oregon AFL-CIO, who testified against the original child labor exemption, said it is "the first use of 'education' as a factor for approving work for children under 16 under the state's administrative rules."

Wage and Hour Commission Chair Jeff Anderson, a business representative of United Food and Commercial Workers Local 555, called it "a good compromise. This allows for sensible consideration of family situations, but still protects the best interest of the child."

The amendment was approved unanimously by the commission, which also includes Kathy Nishimoto and Gary Lockwood. The three-member commission is appointed by the governor and serves four-year terms.

According to BOLI, some 68,000 youngsters will join the Oregon workforce this year. Except for certain agricultural jobs, employers who want to hire minors under age 18 must first apply for an Employment Certificate from BOLI. The application asks the employer to list the types of jobs and hours teens will work. BOLI officials then check the applications for current compliance before issuing a certificate.

Currently, about 5,800 Oregon employers hold valid Employment Certificates. Restaurants are the biggest teen employers (with more than 30 percent of all working minors), BOLI said.

As with adults, teenagers must be paid at least the minimum wage, which currently is $6.50 an hour. Minors are required to get at least 15 minutes of rest with pay for every four hours worked. Adults are required to get 10 minutes of rest with pay for every four hours worked.

Teenagers are allowed to work in a variety of businesses, but are restricted from working in hazardous occupations such as roofing or jobs that require the operation of power-driven equipment. Employers requiring minors to report to work must provide either "adequate work" or "show-up pay" amounting to enough work or pay to earn at least one-half of the scheduled day's earnings.

Some of the jobs minors can do include office work, food service, busing tables, cooking, dishwashing, wholesale and retail sales, cashiering, stocking shelves, bagging groceries, vacuuming, floor waxing, service stations, assisting in patient care in nursing homes or hospitals, outdoor maintenance work such as brush clearing, removing litter, groundskeeping (but not using power-driven mowers or cutters if under 16), car washing, and others.


Work-Hour Restrictions

16- and 17-year-olds - Can work any hours, 44 hours per week maximum. An emergency overtime permit may be issued for up to 60 hours per week, whether school's in session or not.

14- and 15-year-olds - During the school year they can work between 7 a.m. and 7 p.m., three hours per day on school days, eight hours per day on non-school days, 18 hours per week maximum.

Working is not allowed during school hours. A special permit is required to work after 7 p.m. When school is not in session (summer break) they can work between 7 a.m. and 9 p.m., eight hours per day, 40 hours per week maximum.

Under 14 - A work permit is required and youngsters can work between 8 a.m. and 6 p.m., two hours per day on school days and six hours per day on weekends, 18 hours per week maximum. Working is not allowed during school hours. A special permit is required to work after 6 p.m. When school is not in session (summer break) youngsters can work between 8 a.m. and 6 p.m., eight hours per day, no more than 40 hours per week maximum, and no more than five days a week. A special permit is required to work after 6 p.m.

Minors under 16 years of age may work before 7 a.m. and after 6 p.m. if they have jobs in agriculture, youth camps, as newspaper carriers, or in private homes as domestic or child care workers.

For more information about child labor in Oregon, call 503-731-4200.


June 16, 2000 issue

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