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Child Labor Law
Youth Employment in Michigan
In the fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of Executive Order 2011-4 became Effective 60 days after the filing on February 23, 2011 transferring Youth Employment Standards Act 90 of 1978, MCL 409.101 to 409.124, from the Wage Hour Division, Department of Licensing and Regulatory Affairs (LARA) to the Department of Education.
Youth Employment Standards Act 90 of 1978 defines a minor who is less than 18 years of age, including but not limited to employees, volunteers, independent contractors and performing artists.
Minors under 18 years of age must obtain a work permit or a written agreement or contract entered into between the employer and the governing school district, public school academy, or nonpublic before starting work. Work permits can be obtained from the issuing school officer (the chief administrator of a school district, intermediate school district, etc.) the minor attends or the school district where the minor will be employed. If the minor changes jobs, a new work permit is required for the new employer. A work permit may be revoked for poor academic performance. A work permit is required even if the minor is home/cyber/virtual/online schooled, does not attend school, or out-of-state resident.
Work permits are no longer available for bulk purchase from Michigan Center for Career Technical Education; work permits are available for printing or download below. Note: CA-6 work permits must be printed, front and back, on pink paper and CA-7 work permits must be printed, front and back, on yellow paper to be valid.
WHO NEEDS A WORK PERMIT (INCLUDING SUMMER)
Minors under the age of 18 cannot be employed or permitted to work, with or without pay, volunteer or independent contractor until the person, company, business, firm or corporation proposing to employ the minor obtains and keeps on file at minor s place of employment a current and valid age and color appropriate work permit, which has been issued by an issuing officer of the school district, intermediate school district, public school academy or nonpublic school prior to starting work.
Compulsory School Attendance “. The law in Michigan governing co,pulsory attendance requires a parent, legal guardian, or other person having control or charge of a child. who was age eleven before that date and entered grade 6 in 2009 or later shall attend school from age six to eighteen. “
Whether minor is:
- cyber school
- virtual school
- online school,
- obtaining G.E.D.
- out-of-state resident
- not attending school
Minors under the age of 18 are required to have a work permit prior to starting work.
If a minor comes from another state to work in Michigan, the minor should bring an official birth certificate and an unofficial transcript from the previous school attended which includes the school s complete name, address, city, state, zip code, county and telephone number.
HOW TO OBTAIN WORK PERMIT
The minor first must go in person to a school district, intermediate school district, public school academy or nonpublic school official designated as an issuing officer and provide one of the following acceptable forms of evidence of age:
Minors seeking employment who are homeschooled shall be issued a work permit by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school in which the minor s residence or prospective employer is located. The minor must present a signed, written statement from the parent or guardian, as the instructor of record, indicating how many hours per week the student is being homeschooled. The issuing officer will review the parent/guardian statement and issue the work permit with those hours reflected. The issuing officer will attach the parent/guardian statement to the work permit and keep a copy of the statement with their copy of the work permit filed at the school.
- A certified copy of birth record or other proof of age showing the place and date of birth
- A certified copy of valid operator s license issued by this state showing date of birth
- The school record or the school census record
- The sworn statement of minor s parent/guardian and statement from physician
The minor and parent/guardian must complete Section I of the work permit in its entirety (all areas must be completed).
The minor then takes the work permit to the employer, after completing Section I, and the employer must complete Section II of the work permit, in its entirety (all areas must be completed including listing all work the minor will be performing, equipment and/or tools minor will use, starting and ending hours to be worked, number of days per week to be worked and number of hours per days to be worked, etc).
The minor must take the work permit, after the employer has completed Section II, in person to a school district, intermediate school district, public school academy or nonpublic school official designated issuing officer for review and to complete section III.
The issuing officer must copy the work permit and place the work permit in the minor s permanent school file and return the original work permit to the minor.
The minor must give the original work permit (after the designated official issuing officer has reviewed and approved by signing and dating) to the person, company, business, firm or corporation prior to start of work which is kept on file at the minor s place of employment.
HOW TO OBTAIN AN APPLICATION FOR PERFORMING ARTS AUTHORIZATION
An “Approved” Application for Performing Arts Authorization form is needed from this department for all minors between the ages of 15 days old to 17 years prior to any performance ( modeling, live stage, dancing, singing, filming, taping, etc.). The company, the payroll company that is paying the minors and the extras, and the production company must submit a current and valid workers compensation insurance certificate along with the Application for Performing Arts Authorization form for each minor at least 10 days prior to start date and time of rehearsal and performance to this office for processing.
The “Approved” Application for Performing Arts Authorization form is needed for each minor, written parent/guardian permission statement, and the “Posting Requirements” must kept on-site at minor s place of employment/performance. All records required by the Act 90 of 1978 must be maintained and made available for inspection by an authorized representative of the Department and the employment must be in compliance with all provisions of the Act.
When both federal and state laws applythe more stringent standard must be observed