Child Labor Law Summaries

Child Labor Law Summaries

Kansas, Child Labor Law Summaries

Kansas' child labor law is located in the Kansas Statutes Annotated at Chapter 38, Article 6. The full text of the law is available at Wages-Hours ¶17-45,001 et seq. Corresponding regulations are located in the Kansas Administrative Regulations at Agency 49, Article 1.

COVERAGE

Kansas' child labor law generally covers employers employing minors.

EXCEPTIONS

For the purposes of Kansas' child labor law, the following will not be considered employment (Sec. 38-614, as amended by H. 2838, L. 1999, effective upon publication in the statute book):

1. children employed by their parents in nonhazardous occupations;

2. domestic service;

3. casual labor in or around a private home;

4. delivery or messenger work;

5. delivering or distributing newspapers or shopping news;

6. agricultural, horticultural, livestock or dairying pursuits and employments incident thereto; and

7. except as provided under WHAT THE EMPLOYER MUST DO, Prohibited employment, Entertainment industry, below, children employed as actors, actresses or performers in motion pictures, theatrical, radio or television productions.

These exempt services must not be performed by a child attending school during hours in which the public school is in session in the district in which the child resides (Sec. 38-614, as amended by H. 2838, L. 1999, effective upon publication in the statute book).

WHAT THE EMPLOYER MUST DO

Generally, Kansas employers may employ minors in nonhazardous occupations if a work permit is secured and certain hours restrictions are met.

Prohibited employment

No child under 14 years of age may be employed at any time at any occupation or trade in any business or service, except as provided by Sec. 38-614 (Sec. 38-601).

Hazardous occupations.- No child under 18 years of age may be employed at any time in any occupation, trade or business that is in any way dangerous or injurious to the life, health, safety, morals or welfare of the minor (Sec. 38-602). The occupations declared hazardous are enumerated in the Kansas Administrative Regulations 49-1-52 -49-1-68 (see below) (Kan AdminRegs 49-1-51).

Generally, hazardous occupations are as follows:

1. occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components (Kan AdminRegs 49-1-52);

2. occupations of motor-vehicle driver and outside helper (Kan AdminRegs 49-1-53);

3. coal mine occupations (Kan AdminRegs 49-1-54);

4. logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill (Kan AdminRegs 49-1-55);

5. occupations involved in the operation of power-driven woodworking machines (Kan AdminRegs 49-1-56);

6. occupations involving exposure to radioactive substances and to ionizing radiations (Kan AdminRegs 49-1-57);

7. occupations involved in the operation of elevators and other power-driven hoisting apparatus (Kan AdminRegs 49-1-58);

8. occupations involved in the operation of power-driven metal forming, punching, and shearing machines (Kan AdminRegs 49-1-59);

9. occupations in connection with mining, other than coal (Kan AdminRegs 49-1-60);

10. occupations involving slaughtering, meat packing or processing, orrendering 49-1-61);

11. occupations involved in the operation of certain power-driven bakery machines (Kan AdminRegs 49-1-62);

12. occupations involved in the operation of certain power-driven paper-products machines (Kan AdminRegs 49-1-63);

13. occupations involved in the manufacture of brick, tile, and kindredproducts (Kan AdminRegs 49-1-64);

14. occupations involved in the operation of circular saws, band saws, and guillotine shears (Kan AdminRegs 49-1-65);

15. occupations involved in wrecking, demolition, and shipbreaking operations (Kan AdminRegs 49-1-66);

16. occupations involved in roofing operations (Kan AdminRegs 49-1-67); and

17. occupations in excavation operations (Kan AdminRegs 49-1-68).

The following are also prohibited occupations for 14-and 15-year-olds (Kan AdminRegs 49-1-70):

1. any manufacturing occupation;

2. any mining occupation;

3. processing occupations such as filleting of fish, dressing poultry, cracking nuts, or laundering as performed by commercial laundries, and dry cleaning (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted);

4. occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed (except to the extent expressly permitted in retail, food service, or gasoline service establishments);

5. operation or tending of hoisting apparatus or of any power-driven machinery (other than office machines and machines in retail, food service, and gasoline service establishments that such minors may operate in such establishments);

6. occupations in connection with transportation of persons or property by rail, highway, air, on water, pipeline, or other means; warehousing and storage; communications and public utilities; and construction (including repair) (except office or sales work in connection with these occupations (not performed on transportation media or at the actual construction site));

7. any of the following occupations in a retail, food service, or gasoline service establishment: work performed in or about boiler or engine rooms; work in connection with maintenance or repair of the establishment, machines or equipment; outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds or their substitutes; cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking; occupations that involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers; work in freezers and meat coolers and all work in preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing and stocking when performed in other areas); loading and unloading goods to and from trucks, railroad cars or conveyors; and all occupations in warehouses except office and clerical work.

School bus operation.- No person who is under the age of 18 years may, for compensation, drive any school bus transporting school children or any motor vehicle when in use for the transportation of persons for a fee or when in use for the transportation of property, other than property owned or sold by the owner or lessee of such vehicle (Ch. 8, Art. 2, Sec. 8-238).

Entertainment industry.- No infant under the age of one month may be employed on any motion picture set or location unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in the physician's medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking and the infant's lungs, eyes, heart and immune system are sufficiently developed to withstand the potential risks (Sec. 2, H. 2838, L. 1999, effective upon publication in the statute book).

In an order approving a minor child's contract of a type described in Sec. 4, H. 2838, L. 1999, below, the court will require that 15% of the minor child's gross earnings pursuant to the contract be set aside by the minor child's employer and preserved for the benefit of the minor child, either in a trust fund or other savings plan approved by the district court (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

This section applies to the following contracts entered into on or after January 1, 2001, between a minor child and any third party or parties (Sec. 4, H. 2838, L. 1999, effective upon publication in the statute book):

1. a contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation.

2. a contract pursuant to which a person agrees to (a) purchase or otherwise secure, sell, lease, license or otherwise dispose of literary, musical or dramatic properties, or use of a person's likeness, voice recording, performance or story of or incidents in such person's life, either tangible or intangible or any rights therein to use in motion pictures, television, the production of sound recordings, the legitimate or living stage, or otherwise in the entertainment field.

3. a contract pursuant to which a person is employed or agrees to render services as a participant or player in a sport.

4. where a minor child renders services as an extra, background performer or in a similar capacity, through a casting agency, the casting agency or service will be considered the minor child's employer for the purposes of this act.

The minor child's employer must deposit or disburse the funds as required by the order within 15 business days of receiving the order and receiving from the trustee or trustees the account information required by this section. Pending receipt of the trustee's statement, the minor's employer must hold for the benefit of the minor the percentage ordered by the court of the minor's gross earnings pursuant to the contract (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

When making the initial deposit of funds pursuant to the order, the minor child's employer must provide the financial institution with a copy of the order (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

Once the minor child's employer deposits the set-aside funds into a trust fund or other savings plan approved by the district court, the minor child's employer has no further obligation or duty to monitor or account for the funds (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

For any minor child's contract of a type described in Sec. 4, H. 2838, L. 1999 (above), that is not being submitted for approval by the district court pursuant to Sec. 4, H. 2838, L. 1999 (above), or for which the district court has issued a final order denying approval, 15% of the minor child's gross earnings pursuant to the contract must be set aside by the minor child's employer either in a trust fund or other savings plan and preserved for the benefit of the minor child in accordance with Sec. 7, H. 2838, L. 1999 (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

The minor child's employer must deposit 15% of the minor child's gross earnings pursuant to the contract within 15 business days of receiving the trustee's statement and required attachments, or if the district court denies approval of the contract, within 15 business days of receiving a final order denying approval of the contract. Pending receipt of the trustee's statement and attachments or the final district court order, the minor child's employer must hold for the benefit of the minor child the 15% of the minor child's gross earnings pursuant to the contract (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

Once the minor child's employer deposits the set-aside funds into a trust fund of other savings plan pursuant to Sec. 7, H. 2838, L. 1999, the employer has no further obligation or duty to monitor or account for the funds (Sec. 6, H. 2838, L. 1999, effective upon publication in the statute book).

Permitted employment-specific occupations

Retail, food service and gasoline service establishments. - Fourteen-and fifteen-year-olds may work in the following occupations (Kan AdminRegs 49-1-69):

1. office and clerical work (including operation of office machines);

2. cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping;

3. price marking and tagging by hand or by machine, assembling orders, packing and shelving;

4. bagging and carrying out customers' orders;

5. errand and delivery work by foot, bicycle, and public transportation;

6. clean-up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters;

7. kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders;

8. work in connection with cars and trucks if confined to the following: dispensing gasoline and oil; courtesy service; car cleaning, washing and polishing; and other occupations permitted by this section, but not including work involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring;

9. cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers.

Hours of work

The employment of any child for a longer time in any day than stated in the notice that is required to be posted, or at any time other than as stated in the notice, is deemed a violation of Kansas' child labor law (Sec. 38-605).

No child under 16 years of age, who is employed in any of the vocations mentioned in Kansas' child labor law, or in the transmission of merchandise or messages, or any hotel, restaurant or mercantile establishment, may be employed before 7 a.m. or after 10 p.m., except on any evening that does not precede a school day, nor more than eight hours in any one calendar day, nor more than 40 hours in any one week (Sec. 38-603(a)).

These hours restrictions do not apply to any student engaged in school food service preparation, nor to the employment of a student-learner who is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school. To qualify for exemption, however, a student-learner must be employed under a written agreement which provides (1)that the work of the student-learner is incidental to his or her training and is under the supervision of a teacher-coordinator employed by the school; and (2) that a schedule of organized and progressive work processes to be performed on the job has been prepared. Such a written agreement must carry the name of the student-learner, and must be signed by the employer and the school coordinator or principal (Sec. 38-603(b)).

Work permits

All persons, firms, or corporations employing children under 16 years of age in any of the vocations mentioned in Kansas' child labor law are required to first obtain a work permit and keep it on file and accessible to any inspector or officer charged with the enforcement of the law. If such children are enrolled in or attending any secondary school within the state, no work permit is required (Sec. 38-604).

Requirements before issuance.- The superintendent of schools or his or her duly authorized representative, or the judge of the district court, will issue a work permit only after he or she has received, examined, approved, and filed the following papers (Sec. 38-606):

1. a written statement signed by the person for whom the child expects to work, or by some one duly authorized by such person, stating the occupation at which the employer intends to employ the child.

2. the school record of the child properly filled out and signed by the principal of the school last attended, setting forth that the child has completed the course of study prescribed for elementary schools by the state board of education. If this school record is not available, then the official issuing the permit will cause the child to be examined to determine whether or not the child has the educational qualifications equivalent to a completion of the elementary course of study prescribed by the state board of education, and will file in the office a statement setting forth the result of the examination. A permit may be issued to allow a child who has not completed the course of study provided for above to work when school is not in session in the district in which the child resides, subject to all the other limitations of Kansas' child labor law.

3. evidence of age of the child, showing that the child is 14 years of age.

Contents of permit.- Every work permit must state the name, sex, the date and place of birth, and the place of residence, and describe the color of the hair and eyes, and the height and weight of the child, and must contain a statement of the proof of age accepted. A work permit also must verify that the required papers (see above) have been duly examined, approved, and filed, and that the child named in the permit has appeared before the official issuing the permit and has been examined. Every such permit must be signed by the child in whose name it is issued in the presence of the official issuing the permit. It must also show the date of its issue (Sec. 38-607).

Permit as evidence of age.- A work permit is sufficient protection to the employer of any child as to the age of the child, except when the employer has actual knowledge of the falsity of the permit (Sec. 38-607).

Return of permit.- Upon termination of the employment of a child whose work permit is on file, the permit must be returned by the employer within two days to the official who issued it (Sec. 38-609).

Revocation.- Whenever it appears to the State Labor Commissioner that any permit has been improperly or illegally issued or that the physical or moral welfare of a child could be best served by the revocation of such permit, the commissioner may revoke the permit, and must then notify the person employing the child and the child holding the permit of the revocation (Sec. 38-610).

Meal and rest periods

The hours allowed for dinner or other meals must be stated in the notice to be posted by employers (Sec. 38-605).

NOTICE

Every employer must keep posted in a conspicuous place near the principal entrance, in any establishment where children under 16 years of age are employed, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals. The form for this notice will be furnished by the State Labor Commissioner (Sec. 38-605).

DEADLINES

Work permits: Return of permit.- Upon termination of the employment of a child whose work permit is on file, the permit must be returned by the employer within two days to the official who issued it (Sec. 38-609).

ENFORCEMENT

The State Labor Commissioner enforces Kansas' child labor law (Sec. 38-611).

WHO TO CONTACT

Contact the State Labor Commissioner at 433 SW Topeka Boulevard, Topeka, KS 66603. Telephone: (913)296-4062.

RECORDKEEPING

Work permits.- Work permits for employees under 16 years of age must be kept on file by the employer and must be accessible to any inspector or officer charged with the enforcement of the law (Sec. 38-604).

POSTING

Every employer must keep posted in a conspicuous place near the principal entrance, in any establishment where children under 16 years of age are employed, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals. The form for this notice will be furnished by the State Labor Commissioner (Sec. 38-605).

PENALTIES

Any person, firm or corporation employing any person or child in violation of any provision of Kansas' child labor law, or permitting or conniving at such violation, will be deemed guilty of a misdemeanor, and upon conviction, will be fined not less than $25 nor more than $100, or by imprisonment in the county jail for a period of not less than 30 days nor more than 90 days (Sec. 38-612).

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Kansas, Child Labor Law Summaries

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