Current through November, 2024
Section 12-25-23 - Hours and conditions of employment(a) A minor under sixteen years of age may be employed or permitted to work in theatrical employment as follows: (1) A minor under six years of age shall not work later than 7:00 p.m.(2) For minors six years of age or over but under sixteen, the following limitations shall apply: (A) On any night preceding a day when the minor is not legally required to attend school: (i) A minor six years of age or over but under fourteen shall not work later than 10:30 p.m.;(ii) A minor fourteen years of age or over but under sixteen shall not work later than 11:30 p.m.(B) On any night preceding a day when the minor is legally required to attend school: (i) A minor six years of age or over but under fourteen shall not work later than 8:30 p.m.;(ii) A minor fourteen years of age or over but under sixteen shall not work later than 9:30 p.m.(3) The combined hours of work and hours in school shall not exceed ten in a day.(4) The employment does not exceed four nights in any calendar week.(5) A minor shall not engage in theatrical employment more than the following number of hours in any one day: (A) A minor under six years of age, not more than two hours;(B) A minor six years of age or over but under ten, not more than three hours;(C) A minor ten years of age or over but under fourteen, not more than four hours; and(D) A minor fourteen years of age or over but under sixteen, not more than eight hours.(b) Time spent by a minor in learning, practicing, or rehearsing any of the arts, such as singing or dancing, shall be counted as theatrical employment time if the learning, practicing, or rehearsing is in connection with a public performance. Time spent in waiting to appear in a performance shall also count as theatrical employment time.(c) Upon an employer's written application showing good cause, the director may grant an extension of the time, hours, and days to be worked; provided that the employer of the minor and the person who is responsible for the control of the minor as required in section 12-25-22(2) shall adhere to any other conditions that may be prescribed by the director, such as adequate rest periods, rest facilities, transportation, compensation, safety, supervision, and tutoring. As used in this subsection, "good cause" includes practical difficulties and undue hardship by the employer in complying with the work hour restrictions. The director shall grant or deny a request for variance from the work hour restrictions within sixty days from the date that all required information is received by the department.[Eff. OCT. 5, 1981; am 12/27/99] (Auth: HRS §§ 390-2, 390-6) (Imp: HRS § 390-2)