Section 63 Youth Employment Permitting
Chapter 149 of the General Laws is hereby amended by striking out sections 86 to 89, inclusive, as appearing in the 2024 Official Edition, and inserting in place thereof the following 4 sections:-
Section 86. A person shall not employ a child, other than a child over the age of 14 granted an employment permit pursuant to section 87 when it is determined that the welfare of the child will be better served through the granting of the permit, in any place of employment, other than street trades described in section 69; but a child 14 years of age or older in co-operative courses in a public school may be employed by a co-operating establishment upon securing from the superintendent of schools a permit covering the co-operating employment. Children between 14 and 16 years of age who possess the educational qualifications set forth in section 1 of chapter 76 and are employed in private domestic service or service on farms shall be required to secure a permit issued by the superintendent of schools covering such employment. A person employing a minor 14 years of age or older shall procure and keep on file, accessible to the minor, to supervisors of attendance of the town, to agents of the department of elementary and secondary education, to agents of the department of labor standards and to the attorney general or their authorized agents or inspectors, the permit for employment issued to the minor and shall keep a complete list of the names and ages of all minors so employed.
The department of labor standards shall provide for a process that allows for youth employees to submit complaints of workplace rights violations.
All documents related to this section may be provided, generated, approved and signed in an electronic format approved by the department of labor standards.
Section 87. Each superintendent of schools, or where there is no superintendent of schools, the school committee, shall designate a youth work permit coordinator.
An employment permit shall be issued only by the superintendent, or their designee, or youth work permit coordinator of the town where the child to whom it is issued resides during their employment or the town where the child attends school, or, if the child resides outside the commonwealth, of the town where the child is to be employed; provided, that no person authorized as aforesaid shall have authority to issue a permit for a child then in or about to enter that person's own employment or the employment of a firm or corporation of which that person is a member, officer or employee, except in the case that the child is employed by the school or school district in which they are enrolled. Minors 17 years of age or older who can show documented proof of a high school diploma or the equivalent thereof to the youth work permit coordinator may be employed without the signature of the youth work permit coordinator or by a person so authorized.
A minor seeking an employment permit shall submit an application to the applicable youth work permit coordinator. The youth work permit coordinator, either prior to or subsequent to the minor receiving an offer of employment, shall receive, examine, approve and file the following documents, duly executed:
(1) The school record of a minor under 16 years of age, filled out and signed as provided in section 88, except when such record may be waived thereunder, and evidence that a minor 16 years of age or older meets the requirements for the completion of the sixth grade of the public schools of the town in which the minor resides.
(2) For a minor under 16 years of age, a certificate, signed within the previous 12 months, by a school or family healthcare provider, or by a healthcare provider appointed by the applicable school committee, stating that the minor has been examined by the healthcare provider and, in the provider's opinion, is in sound health.
(3) Evidence of age, showing that the child is of the age required for the issuance of the permit, which shall consist of at least 1 of the following proofs of age:
(a) A birth certificate, or a duly attested transcript thereof, made by a registrar of vital statistics or other officer charged with the duty of recording births.
(b) A religious record, or a duly attested transcript thereof, showing the age of the child.
(c) If none of the aforesaid proofs of age is obtainable, and only in such case, the person issuing employment permits may accept, in lieu thereof, a passport or a duly attested immigration record, or transcript thereof, showing the age of the child, or other official record of the child's age; provided, that it shall appear to the satisfaction of said person that the same is good and sufficient evidence of the child's age.
(d) If none of the aforesaid proofs of age is obtainable, and only in such case, the person issuing employment permits may accept, in lieu thereof, a record of age as given on the register of the school which the child first attended in the commonwealth; provided, that such record was kept for at least 2 years during the time when such child attended school.
(e) If none of the aforesaid proofs of age is obtainable, and only in such case, the person issuing employment permits may receive the signed statement of the school healthcare provider, or of the healthcare provider appointed by the school committee, stating that after examination it is the opinion of such healthcare provider that the child is at least of the age required for the issuance of the permit. Such healthcare provider statement shall be accompanied by a statement signed by the child's parent, guardian or custodian, or, if such child has no parent, guardian or custodian, by the signed statement of the next adult friend. Such signed statement shall contain the name, date and place of birth and residence of the child, and shall certify that the parent, guardian, custodian or next adult friend signing it is unable to produce any of the proofs of age specified in this section. The person issuing employment permits may, before issuing such a permit, require the parent, guardian, custodian or next adult friend of the child to appear and approve in writing the issuance of such permit.
No superintendent of schools, school committee or other person authorized to receive, examine, approve and file evidence of age, shall retain, against the will of such child or the child's parent or guardian, such evidence of age, for a longer time than is reasonably necessary for making a copy, photostat or reasonable facsimile thereof, which shall be filed in place of the original and the original shall be returned to such child, and the child's parent or guardian. A certificate relating to the age or place of birth of any child or to any other fact sought to be established in relation to school attendance shall be issued, upon request, by a town clerk, and no fee shall be charged therefor by a town clerk or other official.
After an employer makes an offer of employment, the following shall be documented: a pledge or promise, signed by the prospective employee and the child's parent or guardian, and, signed by the employer or by an authorized manager or superintendent, setting forth the character of the specific employment, the number of hours per day during which the child is to be regularly employed and the name and address of the employer, in which pledge or promise the employer agrees to employ the child in accordance with this chapter which is summarized on the pledge or promise form.
After an employer has made an offer of employment and completed the pledge or promise required in this section, the employment permit will be issued. This permit shall be accessible electronically by the child, the child's parent or guardian, the child's school, the department of elementary and secondary education, the department of labor standards and the office of the attorney general.
The superintendent of schools, the youth work permit coordinator or a person authorized by them in writing may revoke for cause the permit for employment of any child, except those employed in private domestic service by a member of the child's immediate family, or service as a farm laborer in the employ of the child's parent or legal guardian. Whenever such a permit authorizing employment of a child elsewhere than in their place of residence is held by them, the superintendent of schools or youth work permit coordinator of the town of their employment shall forthwith notify the superintendent of schools or youth work permit coordinator issuing the permit of the child's failure to comply with any pertinent provision of law.
All documents related to this section may be provided, generated, approved and signed in an electronic format approved by the department of labor standards.
Section 88. The school record required by section 87 shall be provided by the principal or teacher in charge of the school which the child last attended, and shall be furnished only to a child who, after due examination and investigation, is found to be entitled thereto. Said school record shall state: (i) the grade last completed by such child; (ii) the number of days during which such child has attended school during the 12 months next preceding the time of application for said school record and (iii) the name, date of birth and the residence of the child as shown on the records of the school and the name of the parent, guardian or custodian. If the school record is not obtainable from the school which such child last attended, this school record requirement may be waived by the youth work permit coordinator.
No such school record shall be issued or accepted and no employment permit granted unless the child possesses the educational qualifications described in section 1 of chapter 76; provided, that a child over 14 years of age who does not possess such qualifications may be granted a limited employment permit good only during hours when school is not in session.
No such school record shall be issued or accepted unless the child has attended the public or other lawfully approved schools for not less than 130 days after reaching the age of 13; provided, that the school record may be accepted in the case of a person who has been an attendant at a public day or other lawfully approved school for a period of not less than 7 years, if in the opinion of the superintendent of schools such person is mentally incapable of acquiring the educational qualifications herein prescribed; and provided, further, that the superintendent may suspend this requirement in any case when in their opinion the interests of the child will best be served thereby.
All documents related to this section may be provided, generated, approved and signed in an electronic format approved by the department of labor standards.
Section 89. The employment permit required under this chapter shall be in a manner prescribed by the department of labor standards, and shall contain the information deemed necessary by the department of labor standards, in coordination with the attorney general's office. It shall certify that the child named in such permit has been found to possess the educational qualifications described in section 1 of chapter 76, except in the case of a limited permit, and that all the papers required by section 87 have been duly examined, approved and filed and that all the conditions and requirements for issuing an employment permit have been fulfilled. It shall state the grade last completed by said child. Every such permit shall be signed by the child in whose name the permit is issued. The permit shall state the name of the employer for whom, and the nature of the employment in which, the permit authorizes the child to be employed. The permits shall bear a number, show the date of its issue and be signed by the person issuing it. No fee shall be exacted by a town clerk or other official for an employment permit or for any paper required by sections 87 to 95, inclusive. No duplicate employment permit shall be issued until it shall appear to the satisfaction of the person authorized to issue permits that the original has been lost. A record giving all the facts contained on every employment permit issued shall be maintained together with the documents required under section 87. A record shall also be kept of the names and addresses of all children to whom permits have been refused, together with the names of the schools which said children should attend and the reasons for refusal. Each of the aforesaid records and papers shall be preserved until such children, if living, have reached the age of 18. Such records and statistics concerning the issuance of employment permits as may be prescribed by the department of elementary and secondary education shall be kept and shall be open to the inspection of said department, its officers or agents. The blank permits and other papers required in connection with the issuing of employment permits and educational certificates under this chapter shall be furnished to the local school committees by the department of labor standards, by which they shall be prepared after conference with the department of elementary and secondary education and the approval of the forms thereof by the attorney general. Said permits, certificates and documents may bear explanatory matter necessary to facilitate the enforcement of this chapter or to comply with future legislative requirements.
All documents related to this section may be provided, generated, approved and signed in an electronic format approved by the department of labor standards.
Summary
This section updates and streamlines the statutory requirements for issuing youth employment permits.