2006 Ohio Revised Code - 4109.02. Employment of minor without age and schooling certificate prohibited; exceptions.

§ 4109.02. Employment of minor without age and schooling certificate prohibited; exceptions.
 

(A)  Except as provided in division (B) of this section or in section 4109.06 of the Revised Code, no minor of compulsory school age shall be employed by any employer unless the minor presents to the employer a proper age and schooling certificate as a condition of employment. 
 

A valid certificate constitutes conclusive evidence of the age of the minor and of the employer's right to employ the minor in occupations not denied by law to minors of that age under section 4109.06 of the Revised Code or rules adopted under that section. 

(B)  Minors aged sixteen or seventeen are not required to provide an age and schooling certificate as a condition of employment if they are to be employed during summer vacation months after the last day of the school term in the spring and before the first day of the school term in the fall, in nonagricultural and nonhazardous employment as defined by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, and similar state statutes, or in other employment not prohibited to minors age sixteen or seventeen by law. 

(C)  To be hired for the type of employment described in division (B) of this section, minors shall provide the employer with the following: 

(1) Evidence of proof of age in the same manner as proof of age is provided the superintendent of schools or chief administrative officer under division (A)(3) of section 3331.02 of the Revised Code; 

(2) A statement signed by the minor's parent or guardian consenting to the proposed employment. For the purposes of this section, in the absence of a parent or guardian, a person over eighteen years of age with whom the minor resides may sign the statement. 
 

HISTORY: 137 v H 883 (Eff 1-12-79); 138 v H 1002 (Eff 4-30-80); 148 v H 93 (Eff 5-25-99); 148 v S 52 (Eff 11-2-99); 149 v H 402. Eff 8-28-2002; 151 v H 530, § 101.01, eff. 6-30-06.
 

The effective date is set by § 812.03 of 151 v H 530. 

Not analogous to former RC § 4109.02 (RS § 4022-7; 86 v 336; 90 v 287; 95 v 618; GC § 12978; 109 v 376; Bureau of Code Revision, 10-1-53), repealed 137 v H 883, § 2, eff 1-12-79.

The provisions of § 3 of HB 402 (149 v  - ) read as follows: 

SECTION 3. On and before August 31, 2002, an employer who employs minors of compulsory school age shall do all of the following: 

(A) Before employing a minor, extract from the minor the minor's age and schooling certificate and keep the certificate of each minor the employer employs on file in the establishment where the minor is employed or in the office of the business or in the residence in or about which the minor is employed for inspection by any enforcement official; 

(B) Return a minor's age and schooling certificate to the superintendent of schools or the superintendent's authorized representative, or give notice of the nonuse of the certificate within five working days after the minor's withdrawal or dismissal from the employer's service; 

(C) Permit an enforcement official to examine the age and schooling certificate of each minor employed by the employer. 

 

Effect of Amendments

151 v H 530, effective June 30, 2006, rewrote (B); and deleted (C)(3), pertaining to the requirement of an age and schooling certificate to be hired for the employment described in subsection (B), and (D), defining "Labor day", "Memorial day", and "seasonal amusement or recreational establishment".