La. Admin. Code tit. 40 § VII-103

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-103 - Employment Standards for Minors under 16 Years of Age

A. Employment of minors under 16 years of age is limited to certain occupations under conditions which do not interfere with their schooling, health, or well being.

1. Hours and Time Standards. Minors under 16 years of age may not be employed, or permitted, or suffered to work:

a. during school hours, as defined by the local superintendent for the school district in which the minor resides;

b. before 7 a.m. or after 7 p.m. on any day prior to a day during which school is in session or after 9 p.m. on any day prior to a day during which school is not in session;

c. when employed in theatrical performances, the minor may not be present in the theater, nor shall appear in any performance during the below listed periods of time:

i. more than six hours in any day;

ii. more than 24 hours in any week;

iii. between the hours of 11 p.m. and 6 a.m.;

d. when employed in commercial motion picture, film or video productions, or modeling, the minor may not be present in the studio or on the set, nor shall appear in any performance during the below listed periods of time:

i. before 7 a.m. for studio production, 6 a.m. for location productions, and shall end no later than time specified below:

(a). for minors under six years of age, 7 p.m.;

(b). for minors six years of age to 15 years of age, 8 p.m. on any day prior to a day during which school is in session or 10 p.m. on any day prior to a day during which school is not in session, as defined by the local superintendent for the school district in which the minor resides;

ii. minors under six years of age shall not work more than six hours per day; minors six years of age to 15 years of age shall not work more than eight hours per day;

iii. minors shall receive a 12-hour rest break at the end of each work day, before the commencement of the next day of work;

iv. minors shall not be employed more than six consecutive days in any one week, nor more than 36 hours per week for minors under six years of age, nor more than 48 hours per week for minors six years of age to 15 years of age;

v. applications for waivers for any exception to the foregoing provisions of this Subparagraph may be made to the secretary of the Department of Labor or his designee;

vi. the Secretary of Labor or his designee may grant a waiver only under the following circumstances:

(a). written notification through a listing of specific dates and times that the minor(s) shall be employed and/or present for either studio production or location production;

(b). written acknowledgement that the minor's parent(s), tutor, or custodian have been fully informed of the circumstances and have granted advance consent.

La. Admin. Code tit. 40, § VII-103

Promulgated by the Department of Labor, Office of Labor, LR 7:45 (February 1981), amended LR 15:1086 (December 1989), amended by the Department of Employment and Training, Office of Labor, LR 17:357 (April 1991), amended by the Department of Labor, Office of Labor, LR 20:897 (August 1994), amended by the Department of Labor, Office of Regulatory Services, LR 30:2059 (September 2004).

AUTHORITY NOTE: Promulgated in accordance with R. S. 23:251.