Child Labor Law Summaries
Kentucky, Child Labor Law Summaries
Kentucky's child labor law is located in the Kentucky Revised Statutes Annotated at Title XXVII, Chapter 339. The state also has a Child Labor Law Order-see ¶18-9900 . The full text of the law is available at Wages-Hours ¶18-44,221.
COVERAGE
Kentucky's child labor law generally covers employers employing minors.
EXCEPTIONS
As used in Kentucky's child labor law, “gainful occupation” does not include employment in farm work or in domestic service in a private home, nor occasional employment by a householder in connection with the household and not in connection with the householder's business or occupation, such as grass cutting or carrying ashes or similar casual domestic tasks, nor the delivery of newspapers on regularly scheduled routes, nor to employment as an actor or performer in motion pictures or theatrical productions, or in radio or television productions, nor to employment of minors by their own parents or persons standing in the place of a parent in occupations other than manufacturing, mining, or those found by the Commissioner of Labor to be particularly hazardous (Sec. 339.210).
WHAT THE EMPLOYER MUST DO
Note: See also ¶18-9900 .
Generally, Kentucky employers may employ minors in nonhazardous occupations if a certificate of age is secured and certain hours restrictions are met.
Prohibited employment
No minor under 14 years of age may be employed, permitted or suffered to work in, about or in connection with any gainful occupation at any time, except for employment in connection with an employment program supervised and sponsored by the school or school district the child attends, which program has been approved by the Department of Education and subject to the regulations of the Commissioner of the Department of Workplace Standards (Sec. 339.220).
Hazardous occupations.- A minor who has passed his or her fourteenth birthday but is under 18 may not be employed in any place of employment or at any occupation that the Commissioner of Workplace Standards determines to be hazardous or injurious to the life, health, safety or welfare of the minor (Sec. 339.230, as amended by Ch. 154 (S. 139), L. 1998).
Alcoholic beverages.- A minor who has passed his or her fourteenth birthday but is under 18 may not be employed in a pool or billiard room, or in, about or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, sold for consumption or dispensed, unless permitted by the rules and regulations of the Alcoholic Beverage Control Board. Such a minor may be employed in places where the sale of alcoholic beverages by the package is merely incidental to the main business actually conducted (Sec. 339.230, as amended by Ch. 154 (S. 139), L. 1998).
No person holding a liquor license may knowingly employ in connection with his or her business any person who is under the age of 20 years, except (Title XX, Ch. 244, Sec. 244.090):
in a bottling house or room of a licensed distiller, vintner or brewer or rectifier;
in an office of a wholesaler or manufacturer maintained in a building separate from the warehouses or factory or as provided in Sec. 244.087; or
in any of the following establishments if employment is in a capacity that does not involve the sale or serving of alcoholic beverages: a restaurant that derives at least 35 percent of its gross sales from the sale of food, or any other establishment with alcoholic beverage sales not exceeding 50 percent of its gross sales.
Permitted employment-specific occupations
Caddying.- Minors age 11 years and over may be employed as caddies at golf courses, subject to the following provisions (Sec. 339.225):
Caddies under 14 years of age are restricted to caddying one round of 18 holes in any one day.
Minors 11 and 12 years of age may not carry golf bags and are restricted to caddying with a “pull cart” only.
Minors 13, 14, and 15 years of age may be employed to carry golf bags, provided the bags do not exceed 35 pounds in weight.
No minor under 16 years of age may be employed, permitted, or suffered to operate power-driven golf carts in the course of their employment, or any power-driven maintenance equipment.
All persons employing minors as caddies are subject to all provisions of Kentucky's child labor law and regulations.
Alcoholic beverages.- Persons at least 18 years of age may stock, arrange displays, accept payment for and sack malt beverages by the package, under the supervision of an adult. Delivery of malt beverages away from the parking area of the licensed business premises may not be performed by anyone under the age of 20 (Title XX, Ch. 244, Sec. 244.087).
Hours of work
Minors at least 14 but less than 18.- A minor who has passed his or her fourteenth birthday but is under 18 may not be employed (1) more than the number of days per week, nor more than the number of hours per day that the Commissioner of Workplace Standards determines to be injurious to the life, health, safety or welfare of the minor; nor (2) during the hours of the day that the commissioner determines to be injurious to the life, health, safety or welfare of the minor (Sec. 339.230, as amended by Ch. 154 (S. 139), L. 1998).
A minor who has passed his or her fourteenth birthday but is under 18 may be employed in, about or in connection with any gainful occupation, except if the minor is under 16, he or she may not be employed during regular school hours, unless (1) the school authorities have made arrangements for the minor to attend school at other than the regular hours, in which event the minor may be employed subject to regulations of the Commissioner of Workplace Standards during such of the regular school hours as the minor is not required to be in attendance under the arrangement; or (2) the minor has graduated from high school (Sec. 339.230, as amended by Ch. 154 (S. 139), L. 1998).
Regulations.- Minors between the ages of 14 and 18 may not be employed more than eight hours a day on a nonschool day when school is in session. Also when school is in session, minors ages 16 to 18 may not be employed after 10:30 p.m. on the day preceding a school day and may not work more than 30 hours a week; such minors may work 40 hours a week with written permission of a parent or guardian and school certification of having obtained at least a 2.0 grade point average. Minors ages 14 to 16 will be allowed to participate in school supervised and administered work experience or career exploration programs during school hours, provided the minor's schooling, health and well-being are not interfered with (803 KAR 1:100, effective June 15, 2002).
Age certificates
Upon request, it is the duty of the local board of education through its superintendent or other authorized agent to issue to any minor under the age of 18 desiring to enter employment a certificate of age upon presentation of proof of age. Every employer must obtain from any employee proof of age that the employee is at least 18 years of age (Sec. 339.360).
Any person authorized to enforce Kentucky's child labor law may require an employer of a minor for whom an age certificate is not on file either to furnish evidence showing that the minor is at least 18 within 10 days or cease to employ the minor (Sec. 339.450).
Meal and rest periods
No minor under 18 years of age may be permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes will be deemed to interrupt a continuous period of work (Sec. 339.270).
NOTICE
Every person employing minors under 18 must post and keep conspicuously posted in the establishment in which any minor is employed, a printed abstract of Kentucky's child labor law, and a list of the occupations prohibited to such minors, together with a notice stating the working hours per day for each day in the week required of them-see ¶18-9900 (Sec. 339.400).
ENFORCEMENT
The Department of Workplace Standards and the inspectors and agents of that department, with the assistance of the school directors of pupil personnel, police officers and juvenile session of district court probation officers, enforce Kentucky's child labor law (Sec. 339.450).
Inspections.- The Department of Workplace Standards, its inspectors and agents may enter and inspect at any time any place or establishment covered by Kentucky's child labor law. School directors of pupil personnel are likewise empowered to visit and inspect places where minors may be employed, and should report any cases of employment that they find in violation of the law to the department (Sec. 339.450).
WHO TO CONTACT
Contact the Department of Workplace Standards at 1047 U.S. Highway 127 South, Suite 4, Frankfort, KY 40601. Telephone: (502)564-3070.
RECORDKEEPING
Inspection.- Time records and the register of minors must be open at all times to the inspection of the school directors of pupil personnel and probation officers, and representatives of the Labor Cabinet and Department of Education (Sec. 339.400).
Employment certificates.- The Department of Workplace Standards, its inspectors and agents may have access to employment certificates kept on file by the employer and such other records as may aid in the enforcement of Kentucky's child labor law (Sec. 339.450).
Time records.- Every person employing minors under 18 must keep a record of the time of commencing and stopping of work of each minor for each day, and the time of the beginning and ending of the minor's daily meal period (Sec. 339.400).
Register of minors.- Every person employing minors under 18 must keep a separate register containing the names, ages, and addresses of such employees (Sec. 339.400).
Age certificates.- Employers of minors must keep age certificates on file (Sec. 339.450).
POSTING
Every person employing minors under 18 must post and keep conspicuously posted in the establishment in which any minor is employed, a printed abstract of Kentucky's child labor law, and a list of the occupations prohibited to such minors, together with a notice stating the working hours per day for each day in the week required of them-see ¶18-9900 (Sec. 339.400).
PENALTIES
Anyone who employs any minor in violation of Kentucky's child labor law or any order or ruling issued under that law, or who obstructs the Department of Workplace Standards, its officers, or agents, or any other person authorized to inspect places of employment under Kentucky's child labor law, or anyone who, having under his or her control or custody any minor, permits or suffers the minor to be employed in violation of the child labor law, or who sells to a minor any article with the knowledge that the minor intends to sell the article in violation of the child labor law, will be assessed a civil penalty of not less than $100 nor more than $1,000. Every employer who continues to employ a minor unlawfully after it has been notified by the Department of Workplace Standards, its officers or agents, will be assessed a civil penalty of $100 for each day the violation continues, and the employment of any minor in violation of the child labor law will, with respect to each minor so employed, constitute a separate and distinct offense (Sec. 339.990).
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