Or. Admin. Code § 839-021-0220

Current through Register Vol. 64, No. 1, January 1, 2025

Section 839-021-0220 - Employment Certificates for the Employment of Minors 14 through 17 Years of Age

(1) Unless otherwise provided by rule, no minor 14 through 17 years of age may be employed or permitted to work unless the employer:

(a) Verifies the minor's age by requiring the minor to produce acceptable proof of age as prescribed by these rules; and

(b) Complies with the provisions of this rule.

(2) An employer may not employ a minor without having first obtained a validated employment certificate from the Bureau. Application forms for an employment certificate may be obtained from any office of the Bureau or by contacting the Child Labor Unit, Wage and Hour Division.

(a) The Bureau will issue a validated employment certificate upon review and approval of the application. The validated employment certificate will be effective for one year from the date it was issued, unless it is suspended or revoked.

(b) If, after the issuance of a validated employment certificate, the duties of the minors are changed from those originally authorized under the employment certificate or the employer wishes to employ minors at an additional establishment, the employer must submit a "Notice of Change (to Annual Employment Certificate)" form to the Child Labor Unit, Wage and Hour Division of the Bureau of Labor and Industries. The "Notice of Change (to Annual Employment Certificate)" form must be submitted within 15 days of the change on a form provided by the Bureau. The Bureau will approve or deny any change(s) in duties and notify the employer. If the Bureau denies the changes, the employer must immediately reassign any affected minor to approved duties or terminate the minor's employment.

(3) The employer must post the validated employment certificate in a conspicuous place where all employees can readily see it. When the employer employs minors in more than one establishment, a copy of the validated employment certificate must be posted at each establishment. As used in this rule, "establishment" means a distinct physical place of business. If a minor is employed by one employer to perform work in more than one location, the minor will be considered employed in the establishment where the minor receives management direction and control.

(4) If the employer employs minors at more than one establishment, a copy of the Summary of Child Labor Laws provided to the employer by the Bureau pursuant to OAR 839-021-0221(4) must be provided by the employer to the manager of each establishment where minors will be employed.

(5) The employer must apply for a validated employment certificate once each year by filing a renewal application on a form provided by the Bureau. The renewal application must be received by any office of the Bureau no later than the expiration date of the validated employment certificate.

(6) If the Bureau's review of any application indicates a failure to comply with any law or rule pertaining to the employment of minors or any order of the commission, the Bureau may deny the application and inform the employer of the reason(s) for the denial.

Or. Admin. Code § 839-021-0220

BL 117, f. 10-20-71, ef. 11-1-71, Renumbered from 839-021-0115; BL 6-1988, f. & cert. ef. 4-12-88; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 17-2006, f. 5-12-06, cert. ef. 5-15-06; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14; BLI 17-2021, minor correction filed 10/14/2021, effective 10/14/2021

Statutory/Other Authority: ORS 651.060(4) & 653.261

Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653