339.230 Restrictions on employment of minor between fourteen and eighteen.
676 words·~3 min read·
/ky/chapter-339/339-230A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A minor who has passed his or her fourteenth birthday but is under eighteen
(18)years of age may be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation, except:
(1)If he or she is under sixteen
(16)years of age, he or she may not be employed during
regular school hours, unless:
(a)The school authorities have made arrangements for him or her to attend school
at other than the regular hours, in which event he or she may be employed
subject to regulations of the commissioner of workplace standards during such
of the regular school hours as he or she is not required to be in attendance
under the arrangement; or
(b)He or she has graduated from high school.
(2)A minor who has passed his or her fourteenth birthday but is under eighteen
years of age, may not be employed, permitted, or suffered to work:
(a)In any place of employment or at any occupation, that the commissioner of
workplace standards shall determine to be hazardous or injurious to the life,
health, safety, or welfare of such minor unless:
1. The minor is at least sixteen
(16)years of age;
2. The minor is employed by his or her parent or a person standing in place
of a parent and works under adult supervision; and
3. The minor is engaged in nonhazardous aspects of the electrical trades,
including but not limited to activities such as pulling wire, setting boxes,
or bending conduit;
(b)More than the number of days per week, nor more than the number of hours
per day that the commissioner of workplace standards shall determine to be
injurious to the life, health, safety, or welfare of such minor. The
commissioner of workplace standards in promulgating these regulations may
make them more restrictive than those promulgated by the United States
Secretary of Labor under provisions of the Fair Labor Standards Act and its
amendments, but in no event may he or she make them less restrictive;
(c)During the hours of the day that the commissioner of workplace standards
shall determine to be injurious to the life, health, safety, or welfare of such
minor. The commissioner of workplace standards in promulgating these
regulations may make them more restrictive than those promulgated by the
United States Secretary of Labor under provisions of the Fair Labor Standards
Act and its amendments but in no event may he or she make them less
restrictive; and
(d)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 (except that he or she may be employed in
places where the sale of alcoholic beverages by the package is merely
incidental to the main business actually conducted); or in a pool or billiard
room.
(3)The commissioner of workplace standards shall promulgate regulations to properly
protect the life, health, safety, or welfare of minors. He or she may consider sex,
age, premises of employment, substances to be worked with, machinery to be
operated, number of hours, hours of the day, nature of the employment, and other
pertinent factors. The commissioner of workplace standards in promulgating these
regulations may make them more restrictive than those promulgated by the United
States Secretary of Labor under provisions of the Fair Labor Standards Act and its
amendments but in no event may he or she make them less restrictive, provided,
however, these regulations shall have no effect on the definition of "gainful
occupation" under KRS 339.210. To advise the commissioner with respect to the
regulations, the Governor shall appoint a committee of four
(4)persons which shall
consist of a representative from the Cabinet for Health and Family Services, the
Department of Education, the Kentucky Commission on Human Rights and the
Personnel Cabinet. The regulations promulgated in accordance with this section
shall be reviewed by such committee whenever deemed necessary by the
commissioner of workplace standards.