010.14.05 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024

Rule 010.14.05-001 - Rule 2.501 - Child Labor Regulations

ARKANSAS DEPARTMENT OF LABOR CHILD LABOR REGULATIONS LABOR STANDARDS DIVISION

SECTION 1. Amend Regulation 2.501 to read as follows:

2.501" Children Under Eighteen (18)

(a) No child under the age of eighteen (18) shall be employed, permitted or suffered to work:

(1) more than six (6) days in any week;

(2) more than fifty-four (54) hours in any week;

(3) more than ten (10) consecutive hours in any day;

(4) more than ten (10) hours in a twenty-four hour period; or

(5) before 6:00 a.m. or after 11:00 p.m., except that children ages sixteen (16) and seventeen (17) years may be employed until 12:00 midnight on nights preceding nonschool days.

(b) Children ages sixteen (16) years and seventeen (17) years of age may be employed between the hours of 12:00 midnight and 6:00 a.m. on nights preceding nonschool days, except in the occupations or circumstances listed below and provided the work is not otherwise prohibited by state or federal law:

(1) in any convenience or retail store of less than 4500 square feet;

(2) in any restaurant, except that a sixteen (16) or seventeen (17) year old may work in a locked restaurant or fast-food restaurant if only the drive-through window is open to the general public;

(3) in any business where a child would be working without direct supervision by an adult 21 years of age or older;

(4) in any business which serves alcohol;

(5) in any business which provides adult entertainment, including nude or topless entertainment;

(6) at any truck stop or service station;

(7) at any race track or gambling establishment;

(8) as a security guard;

(9) as a delivery person; or

(10) in violation of any local curfew ordinance.

(c) For the purpose of determining compliance and assessing penalties, the department shall enforce the prohibition against more than ten (10) hours of work in a 24-hour period provided by Ark. Code Ann. § 11-6-110(4) and this Rule 2.501(a)(4), in the following manner:

(1) If a child sixteen (16) or seventeen (17) years old has a rest break between shifts or periods of work of at least ten (10) hours, the department will determine compliance by the hours worked between midnight of one calendar day and midnight of the following calendar day.

(2) If a child sixteen (16) or seventeen (17) years old does not have a rest break between shifts or periods of work of at least ten (10) hours, the department will determine compliance by the hours worked in any 24-hour period. "

SECTION 2. The effective date of this regulation is December 1, 2005.

010.14.05 Ark. Code R. 001

10/21/2005