Agenda - Council - 05/23/1989 - Laserfiche WebLink

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I I I tutes, and from any window Washing that invoh, es working from the ~5ndow sill. They may not load or unload goods from trucks, nor work in a boiler room. State regulations prohibit minors under 16 from lifting, carryin. ' g, or oth- erwise personally caring for patients in hospitals or nursing homes. Nor may they work in or about ah'pon landing strips or taxi or maintenance aprons. Restrictions on work horn's Both state and federal law restrict the hours which minors under 16 may work. Minnesota law specifies that a minor under 16 may not work more than eight hours per day, or more than 40 hours per week. The federal provi- sions are the same for non-school days, but are more restrictive for days when school is in session. Federal bw pro- hibits a minor from working more than three hours per day on ~ school da3', or more than 18 hours per week in a school week. There is an exception for employment under a Work Experience and Career Exploration Program (~ECEP). Federal law generally prohibits a minor from working before 7:00 a.m. or after 7:00 p.m, or during school hours. From June 1 through Labor Day, however, a minor is permitted to work until 9:00 p.m. Minors under age 14 Both the state and the federal provi- sions efl'ecfively prohibit the ciw from hiring a minor under age 14 for any purpose. I Penahiv Minnesota Statutes specifies a cml fine of $50 for most violations of the state restrictions on hours of employ- ment of minors (M.S. 181A.123. For employing a minor in a prohibited occu- pation, the fine is Si(D, or $500 i/the minor is injured. Repeated violation~ are a gross misdemeanor, which can carry; penalty of up to a $3,000 fine and/or a year in jail. The city may be fined $1,000 for a violation of the federal law. Second offenses or intentional violations can can3.' up to a $10,000 fine. Up to six months imprisonment is also possible for a second violation. Injuries Io minor employees A minor injured on the job is covered by workers' compensation. This is true even if the minor is employed illegally (M.S. 176.011, subd. 9). The Minne- sota court has held that an illegally employed minor cannot bring a tort claim agaknst the employer, but is lim- ited to recovering workers' compensa- tion benefits. Danek v. Meldrum M£g. and Eng. £o., 312 Minn 404, 252, hrW2d 255 (19773. Cities should be aware though that when a minor suffers a permanent partial or total disability, workers' com- pensation benefits are not based on the minor's acme earnings, unlike the case with other workers. Workers' compen- sation benefits for a minor are instead based on the statewide average weekly wage (M.S. 176.101, subd. 6). Even i/ the minor was wor'king only a few hou~ ~ week al minimum wage. a permanent injm3' ~51l result in workers' compensation indemnity benefits of several hundred dollars per week. Those benefits also will continue much longer for ~ minor than for an adult. A permanent injury to a minor will almost always be much more expensive ;han an identical injuD~ to an adult doing ti~¢: same job for the same pay. A city that self-insures or ~hat purchases workers' compensatior, coverage on a retro-rated basis would feel this added cost ;'eD' d~rectly. For other cities the increased cost would be less direct, in the effect on their experience modifi- cation factors and on the overall level of their premiums. These workers' compensation pro- visions provide one more reason ior cities tc be extremely cautious as to the types of work they hire minors for, the conditions under which minors work, and the u'aining and supen4sion these employees receive. ~State regulations are found in Chapter 18lA of the Minnesota Statutes, and Sections 5200.0900 through 5200.0960 of the Minnesota Rules. Federal provisions are part of the federal Fair Labor Standards Act; applicable regulations are found in Tire 29, Part 570, Subparts C and E of the code of Federal Regulations. The U.S. Labor Department's Wage and Hour Division has a free publica- tion entitled "Child Labor Require- ments in Nonagficultm-al Occupations (WH Publication 13303 which outlines the federal requirements. [ Swimming Pools · New pool design · Pool reconstruction · FeasibiiiB,' studies · Repair programs · Funding programs D. F. BURBACH MUNICIPAL & CML ENGINEERS 5992 STATE HIGHWAY BO SOUTH'- P.O. BOX 721 PLAT-I'EVILLE, WISCONSIN 53818 , [608) 348-3262 May 1989 ENVIRONMENTAL Hszardous Waste Site Evaluation, Ground Water Monitor- ing, Hydrogeologic Investigations for Landfills, Industrial Hygiene, Asbestos Testing, Environmental Audits, Underground Storage Tanks. MINNEAPOLIS: (612) 941-5600 ST. PAUl' (612) 487-3245 ST. CLOUD: (612) 253-9~40 ROCHESTER: (507) 281-2515 HIBBING: (218) 263-6869 25