339.230 Restrictions on employment of minor between fourteen and eighteen.
A minor who has passed his or her fourteenth birthday but is under eighteen (18) years of <br>age may be employed, permitted, or suffered to work in, about, or in connection with any <br>gainful occupation, except: <br>(1) If he or she is under sixteen (16) years of age, he or she may not be employed during
regular school hours, unless: <br>(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 <br>subject to regulations of the commissioner of workplace standards during such <br>of the regular school hours as he or she is not required to be in attendance <br>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 (18)
years of age, may not be employed, permitted, or suffered to work: <br>(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, <br>health, safety, or welfare of such minor;
(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 <br>injurious to the life, health, safety, or welfare of such minor. The <br>commissioner of workplace standards in promulgating these regulations may <br>make them more restrictive than those promulgated by the United States <br>Secretary of Labor under provisions of the Fair Labor Standards Act and its <br>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 <br>minor. The commissioner of workplace standards in promulgating these <br>regulations may make them more restrictive than those promulgated by the <br>United States Secretary of Labor under provisions of the Fair Labor Standards <br>Act and its amendments but in no event may he or she make them less <br>restrictive; and
(d) In, about, or in connection with any establishment where alcoholic liquors are
distilled, rectified, compounded, brewed, manufactured, bottled, sold for <br>consumption, or dispensed unless permitted by the rules and regulations of the <br>Alcoholic Beverage Control Board (except that he or she may be employed in <br>places where the sale of alcoholic beverages by the package is merely <br>incidental to the main business actually conducted); or in a pool or billiard <br>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, <br>age, premises of employment, substances to be worked with, machinery to be <br>operated, number of hours, hours of the day, nature of the employment, and other <br>pertinent factors. The commissioner of workplace standards in promulgating these
regulations may make them more restrictive than those promulgated by the United <br>States Secretary of Labor under provisions of the Fair Labor Standards Act and its <br>amendments but in no event may he or she make them less restrictive, provided, <br>however, these regulations shall have no effect on the definition of "gainful <br>occupation" under KRS 339.210. To advise the commissioner with respect to the <br>regulations, the Governor shall appoint a committee of four (4) persons which shall <br>consist of a representative from the Cabinet for Health and Family Services, the <br>Department of Education, the Kentucky Commission on Human Rights and the <br>Personnel Cabinet. The regulations promulgated in accordance with this section <br>shall be reviewed by such committee whenever deemed necessary by the <br>commissioner of workplace standards.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1773, effective July 15, 2010. --
Amended 2005 Ky. Acts ch. 99, sec. 609, effective June 20, 2005. -- Amended 1998 <br>Ky. Acts ch. 154, sec. 93, effective July 15, 1998; and ch. 426, sec. 561, effective <br>July 15, 1998. -- Amended 1984 Ky. Acts ch. 256, sec. 2, effective July 13, 1984; <br>and ch. 414, sec. 27, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 74, Art. <br>VI, sec. 94. -- Amended 1970 Ky. Acts ch. 143, sec. 2. -- Amended 1952 Ky. Acts <br>ch. 178, sec. 1, effective June 19, 1952. -- Amended 1950 Ky. Acts ch. 105, sec. 1. -- <br>Created 1948 Ky. Acts ch. 107, sec. 3.
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