Maine Rules on Employing Minors

Maine's child labor law applies to both private and public employers. Service in the National Guard is exempt from Maine's child labor law.

In Maine, a minor under 16 may not be employed without a work permit issued to the minor by the superintendent of schools (or the superintendent's designee) of the school administrative unit in which the minor resides. Issuance of work permits is conditioned, among other things, on the minor being enrolled in school and passing a majority of courses.

The employer must keep all work permits issued for its minor employees on file and accessible to any attendance officer, factory inspector or other authorized officer charged with the enforcement of the child labor laws.

The employment certificate requirement does not apply to minors engaged in household work, or work performed in the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances. Minors who are participants in summer youth employment and training programs funded by the Department of Labor are exempt from obtaining individual permits, as long as the program employing the minor has submitted a master permit.

Minors between the ages of 15 and 17 who may not receive a regular work permit may receive a special work permit for employment in nonhazardous occupations. Such a permit must be issued by the commissioner and director of labor.

If school is in session, a minor may only be issued one work permit at a given time. During summer vacation, the minor may be issued two work permits at a given time.

Effective June 29, 2005, an employee must be at least 17 years old to be employed in direct, face-to-face sales of tobacco products. An employee who is at least 17 years of age, but younger than 21 years of age may sell tobacco products in retail sales only in the presence of another employee who is at least 21 years of age and who is employed in a supervisory capacity.