2016 North Dakota Century Code Title 34 Labor and Employment Chapter 34-07 Child Labor
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CHAPTER 34-07
CHILD LABOR
34-07-01. Employment of minor under fourteen years of age prohibited.
No minor under fourteen years of age may be employed or permitted to work in any
occupation except farm labor, domestic service, or in the employment of, and under the direct
supervision of, that minor's parent, guardian, or grandparent. Domestic service includes
services of a household nature performed by an employee in or about a private home of the
employer. No minor under fourteen years of age may be employed in any business or service
whatever during any part of the hours when the public schools of the district in which the minor
resides are in session.
34-07-02. Certificate of employment required - Inspection - List of minors employed to
be kept.
A minor fourteen or fifteen years of age may not be employed or permitted to work in any
occupation except farm labor, domestic service, or in the employment of, and under the direct
supervision of, the minor's parent or guardian unless the minor is exempt from compulsory
school attendance under subdivisions b, c, and d of subsection 1 of section 15.1-20-02 or
unless the minor has an employment certificate signed by the minor's parent or guardian in
accordance with the provisions of this chapter. Any person, firm, corporation, or limited liability
company employing a minor must keep on file a completed employment certificate, for each
minor, as provided in this chapter. The employment certificate must be accessible to inspection
by the principal of the school which the minor attends, a principal in the municipality in which the
minor resides, or the labor commissioner or the commissioner's agent or representative.
34-07-03. Question of age of minor employee - Who may raise - Duties of employer Evidence required.
Any person, firm, corporation, or limited liability company employing a minor who appears to
be under the age of sixteen years and for whom an employment certificate is not filed as
required by the provisions of this chapter, either shall furnish satisfactory evidence that such
minor is sixteen years of age or older or shall cease to employ such minor or to permit the minor
to work in such employment immediately after a demand is made upon the employer to do so
by:
1. The principal of the school which the minor attends or a principal in the municipality in
which the minor resides;
2. The labor commissioner or the commissioner's agent or representative; or
3. Any other officer charged with the enforcement of child labor, compulsory school
attendance, or other child welfare laws.
The officer making such demand may require the same evidence, and only the same evidence,
of age of the minor as is required on the issuance of an employment certificate under the
provisions of this chapter.
34-07-04. Noncompliance with demand - Prima facie evidence in prosecution.
If it is proved in any prosecution for a violation of the provisions of this chapter that a
demand was made by a proper officer upon the person, firm, corporation, or limited liability
company named as defendant in such prosecution, that such demand was in accordance with
the provisions of section 34-07-03, and that the defendant in such prosecution failed within the
time therein limited to comply therewith, such failure constitutes prima facie evidence that the
minor for the employment of whom the prosecution was instituted was under sixteen years of
age at the time of such employment and was unlawfully employed.
34-07-05. Who may issue certificates - Where certificates may be obtained.
An employment certificate must be in writing and must be issued by the minor's parent or
guardian. The parent or guardian who certifies, or rejects, the employment certificate must file a
completed copy with the department of labor and human rights, the employer, the principal of
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the school which the minor attends, or a principal in the municipality in which the minor resides,
within ten days of certification or rejection. No employment certificate is required for any minor
then in, or who is about to enter, the minor's own employment or the employment of a firm,
corporation, or limited liability company of which the minor is a member, officer, or manager. The
labor commissioner shall make the certificates of employment available.
34-07-06. Evidence of age of minor.
The age of a minor who desires an employment certificate must be proved by:
1. A certificate of proof of birth issued by the state registrar of vital statistics; or
2. Documentary evidence satisfactory to the labor commissioner, such as a certificate of
arrival in the United States issued by the United States immigration officers and
showing the age of the child, a passport showing the age of the child, a valid driver's
license, a baptismal certificate, or a life insurance policy. Such other satisfactory
documentary evidence must have been in existence for at least one year, and in the
case of a life insurance policy, for at least four years.
34-07-07. Letter of prospective employer required before employment certificate
issued.
Repealed by S.L. 1993, ch. 351, § 16.
34-07-08. School record of minor required before employment certificate issued Contents of record.
Repealed by S.L. 1993, ch. 351, § 16.
34-07-09. Number of years of school attendance required before certificate issued.
Repealed by S.L. 1975, ch. 299, § 2.
34-07-10. Vacation employment certificate.
Repealed by S.L. 1993, ch. 351, § 16.
34-07-11. Requirements for certificate for school term but not during daily session Truant or deficient minor not to be employed.
A certificate permitting the employment of a minor during the school term, but not during the
daily period of the school session, may be granted if such minor maintains a passing grade in all
studies pursued by the minor in such school. No minor may be employed who at the time is
guilty of truancy or of deficiency in studies, as determined by the minor's parent or guardian, or
the principal of the school which the minor attends, or a principal in the municipality in which the
minor resides, or the labor commissioner or the commissioner's agent or representative.
34-07-12. Contents of employment certificate.
The employment certificate must state the date of birth of the minor, a description of the job
duties and responsibilities of the minor, and must also be signed by the minor's parent or
guardian and the employer.
34-07-13. Certificate returned to officer issuing the same upon termination of
employment - New certificate.
Repealed by S.L. 1993, ch. 351, § 16.
34-07-14. Revocation of certificate - Notice - Return of revoked certificate.
Whenever it appears to the minor's parent or guardian, or the principal of the school which
the minor attends, a principal in the municipality in which the minor resides, or the labor
commissioner or the commissioner's agent or representative who issued an employment
certificate, or to the person's successor, that such certificate has been improperly or illegally
issued or that the physical or moral welfare of the minor would be best served by the revocation
of the certificate, such certificate may be revoked. The revoking officer shall give notice of the
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revocation by registered or certified mail to the person employing such minor and to the minor
holding the certificate. Immediately upon receiving notice of the revocation of the certificate, the
employer shall return the revoked certificate to the officer revoking the same and shall
discontinue the employment of the minor. Revocation of a permit must be registered with the
labor commissioner or the commissioner's agent within ten days.
34-07-15. Maximum hours of labor of minors fourteen or fifteen years of age - Notice
to be posted.
A minor fourteen or fifteen years of age may not be employed or permitted to work at any
occupation, except in domestic services and at farm labor, before the hour of seven a.m. nor
after the hour of seven p.m., except that these hours are seven a.m. to nine p.m. from June first
through labor day, nor more than eighteen hours during schoolweeks, nor more than three
hours on schooldays, nor more than forty hours during nonschoolweeks, nor more than eight
hours on nonschooldays. A schoolweek is considered to be any week Sunday through Saturday
in which a youth is required to be in attendance, for any period of time, four or more days.
Provided, however, that the limitations restricting hours of work during schoolweeks and
schooldays do not apply to minors who are not attending school because they are excepted
from compulsory school attendance by subdivisions b, c, and d of subsection 1 of section
15.1-20-02. Every employer shall post, in a conspicuous place where minors are employed, a
printed notice stating the hours of work required of the minors each day of the week, the hours
of commencing and stopping work, and the hours allowed for dinner or other meals. The printed
form of the notice must be furnished by the labor commissioner. The employment of any minor
for a longer period than that stated in the notice is a violation of this chapter.
34-07-16. Prohibited employments and occupations of minors.
No minor fourteen or fifteen years of age may be employed or permitted to work in:
1. Any employment involving the use of any power-driven machinery; but this prohibition
does not apply to the use of:
a. Office machines, such as adding machines or typewriters;
b. Tagging, pricing, or similar machines used in retail stores;
c. Domestic-type machines used in food service operations, such as toasters,
coffee grinders, or milkshake blenders;
d. Machines used in service stations such as those in connection with car cleaning,
washing, or polishing, or in the dispensing of gasoline or oil; provided, however,
that no work may be done in connection with cars and trucks if such work
involves 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; or
e. Lawnmowers.
2. Construction work other than cleaning, errand running, moving, stacking, loading, or
unloading materials by hand.
3. Lumbering or logging operations.
4. Sawmills or planing mills.
5. The manufacture, disposition, or use of explosives.
6. The operation of any steam boiler, steam machinery, or other steam generating
apparatus.
7. The operation or assisting in the operation of laundry machinery.
8. Preparing any composition in which dangerous or poisonous acids are used.
9. The manufacture of paints, colors, or white lead.
10. Operating or assisting in the operation of passenger or freight elevators.
11. Any mine or quarry.
12. The manufacture of goods for immoral purposes.
13. Any other employment not herein specifically enumerated that may be considered
dangerous to life or limb or in which health may be injured or morals depraved.
14. Occupations which involve working on an elevated surface, with or without use of
safety equipment, including ladders and scaffolds in which the work is performed
higher than six feet from the ground surface.
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15.
Security positions or any such occupations that require the use of a firearm or other
weapon.
16. Door-to-door sales of any kind.
17. Occupations involving the loading, handling, mixing, applying, or working around or
near any fertilizers, herbicides, fungicides, pesticides, insecticides, or any other
chemicals, toxins, or heavy metals.
18. Occupations in or in connection with medical or other dangerous wastes.
19. Occupations which involve the handling or storage of blood, blood products, body
fluids, and body tissues.
20. Cooking, baking, grilling, or frying.
21. Warehouse or storage work of any kind in which the main objective of the operation is
distribution.
22. Trucking or commercial driving of any kind.
Nothing contained in this section prohibits a minor from doing ordinary farm labor or from
operating farm machinery. No person fourteen or fifteen years of age may be employed in any
capacity if such employment compels the person to remain standing constantly. This section
does not prevent the education of a minor in music nor the employment of a minor as a singer
or musician in a church, school, or academy, or in any school or home talent exhibition given by
the people of a local community.
34-07-17. Permit to work in theater or place of amusement.
A minor under sixteen years of age may be employed to act or perform in a theater or place
of amusement if a permit so to do is obtained from the minor's parent or guardian and the labor
commissioner or the commissioner's agent or representative, if such person decides that the
appearance of such minor will not be detrimental to the minor's morals, health, safety, welfare,
or education.
34-07-17.1. Newspaper and shopper carrier exemption.
The provisions of this chapter do not apply to newspaper or shopper carriers. This
exemption applies to carriers engaged in making deliveries to subscribers' homes or to other
newspaper or shopper consumers. It applies to carriers engaged in the street sale or delivery of
newspapers or shoppers to the consumer, but it does not include persons engaged in hauling
newspapers or shoppers to drop stations, distributing centers, newsstands, newsracks, vending
machines, or similar locations or items.
34-07-18. Inspection of factories and establishments by peace officers - Report Complaints.
Peace officers may visit any business establishments within their several jurisdictions to
ascertain whether any minors are employed therein contrary to the provisions of this chapter.
The peace officers shall report all cases of illegal employment to the labor commissioner. Such
officers may require that the employment certificates of employees which an employer is
required to keep under the provisions of this chapter be produced for inspection. Complaints for
offenses under this chapter may be made by any peace officer or by any other person cognizant
of the facts.
34-07-19. Duties of labor commissioner.
The labor commissioner shall prepare all employment certificates necessary in the
administration of this chapter, shall distribute such employment certificates to the school
officers, parents, guardians, and authorities of this state, shall exercise general supervision,
interpretation, and exemption powers over the administration of the provisions of this chapter,
and shall enforce the same. The commissioner and the commissioner's agents and
representatives have full power of visitation and inspection of all business establishments in
which minors may be employed or permitted to work.
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34-07-20. Commissioner may issue orders with reference to employment of minors.
In addition to the powers vested in the labor commissioner by the provisions of chapter
34-06, the commissioner may issue general and special orders with reference to the
employment of minors and may prohibit or exempt the employment of minors in any
employment or place of employment which is dangerous or prejudicial to the life, health, safety,
or welfare of such minors. Any such regulation or order is in addition to the regulations specified
in this chapter.
34-07-21. Penalty.
Any person who employs any minor contrary to the provisions of this chapter or of any order
or regulation promulgated by the labor commissioner as provided by law is guilty of an
infraction.
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