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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LABOR AND INDUSTRIAL RELATIONS
Chapter : Chapter 294 Child Labor
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The purpose of this chapter is to ensure that no child under
sixteen years of age is employed in an occupation, or in a manner, that
is hazardous or detrimental to the child's safety, health, morals,
educational processes or general well-being. (L. 1989 H.B. 461, A.L. 1995
H.B. 300 & 95 merged with H.B. 414)
It shall be the duty of the director of the division of labor
standards within the department of labor and industrial relations to
administer the laws of this chapter. (L. 1995 H.B. 300 & 95 merged with
H.B. 414)
As used in this chapter, the following terms mean:
(1) "Child", an individual under sixteen years of age, unless otherwise
specified;
(2) "Commission", the labor and industrial relations commission;
(3) "Department", the department of labor and industrial relations;
(4) "Department director", the director of the department of labor and
industrial relations;
(5) "Director", the director of the division of labor standards;
(6) "Division", the division of labor standards;
(7) "Employ", engage a child in gainful employment for wages or other
remuneration. The term employ shall not include any child working under
the direct control of the child's parent and shall not include the
following services which may be performed by any child over the age of
twelve:
(a) The delivery or sales of newspapers;
(b) Child care;
(c) Occasional yard or farm work, including agriculture work as defined
in subdivision (1) of section 290.500, RSMo, performed by a child with
the knowledge and consent of the child's parent. A child may operate lawn
and garden machinery as specified in subsection (1) of section 294.040,
provided that, no child shall be permitted to engage in any activities
prohibited by section 294.040;
(d) Participating in a youth sporting event as a referee, coach or other
position necessary to the sporting event; except that, this paragraph
shall not include working at a concession stand. For purposes of this
paragraph, "youth sporting event" means an event where all players are
under the age of eighteen and the event is sponsored and supervised by a
public body or a not-for-profit entity;
(8) "Parent", a child's parent, legal custodian or guardian. (L. 1957 p.
525 § 1, A.L. 1989 H.B. 461, A.L. 1995 H.B. 300 & 95 merged with H.B.
414, A.L. 1997 S.B. 220, A.L. 1998 H.B. 1748, A.L. 1999 S.B. 234, A.L.
2000 H.B. 1428, A.L. 2002 S.B. 923, et al.)
No child under fourteen years of age shall be employed or
permitted to work at any occupation at any time; except as provided in
this chapter. (L. 1957 p. 525 § 2, A.L. 1989 H.B. 461, A.L. 1995 H.B. 300
& 95 merged with H.B. 414)
1. For the purposes of this section, the following terms mean:
(1) "Employer", any person, firm or corporation employing or seeking to
employ a child in the entertainment industry;
(2) "Entertainment industry", any person, employer, firm or corporation
using the services of a child as a performer, extra or in any other
performing capacity in motion picture productions, television or radio
productions, theatrical productions, modeling productions, horse shows,
rodeos and musical performances;
(3) "Work permit", a written certification issued by the director which
specifies the terms and duration of the work permit for a child under
sixteen years of age, for the purposes of employment as a performer,
extra or in any other performing capacity in the entertainment industry.
A work permit may be issued for a period of twelve months or more and
shall be eligible for renewal at the child's next birthday. A work permit
shall generally be issued for a twelve-month period of time.
2. No child may be employed in the entertainment industry without an
entertainment work permit issued by the director. No permit shall be
issued without the following:
(1) Proof of age by birth certificate or other documentary evidence;
(2) Written consent of the child's parent, legal custodian or guardian;
(3) Upon entering into a contractual employment agreement, a written
statement from the prospective employer shall be kept on file by the
prospective employer. The written statement shall set forth the nature of
employment and the projected duration of the employment or project.
3. No child shall be permitted at the place of employment, unless the
parent, legal custodian, guardian or designated guardian of a child is
present at all times that the child is at the place of employment, and
such person may accompany the child to wardrobe, makeup, hairdressing and
dressing room facilities. The parent, legal custodian, guardian or
designated guardian may designate an individual to accompany the child
during times the child is at the place of employment, provided the
designation is made in writing, signed by the parent or guardian and
presented to the employer prior to the child's scheduled work. A copy of
the written designation shall be kept on file by the employer at the site
of the employment or project.
4. The employer shall designate one individual on each set, stage or
other place of employment to coordinate all matters relating to the
welfare of children and shall notify the parent, legal custodian or
guardian of each child of the name of such individual.
5. All of the hours in which a child may be at the place of employment
are exclusive of meal periods. Meal periods shall be at least one-half
hour, but not more than one hour in duration. In no event may a child be
at the place of employment for a period longer than five and one- half
hours without a meal break.
6. A child shall receive a twelve-hour rest break at the end of the
child's work day and prior to the commencement of the child's next day of
work for the same employment. A child shall also receive a fifteen minute
rest period after each two hours of continuous work.
7. The employer shall provide a suitable place to rest or play for the
children at the site of employment.
8. The time spent by children in rehearsals and in learning or practicing
any of the arts, such as singing or dancing, for, or under the direction
of, a motion picture studio, theater or television studio shall be
counted as work time under this section of law. Periods for meal breaks
shall not be included in the overall work time; however, rest breaks
shall be included in the overall work time.
9. No child shall be required to work in a situation which places the
child in a clear and present danger to life or limb. If a child believes
he or she is in such a dangerous situation, after discussing the matter
with his or her parent, legal custodian, guardian or designated person
and the employer, the child shall not be required to perform in such
situation, regardless of the validity or reasonableness of the child's
belief.
10. No child shall be required to work with an animal which a reasonable
person would regard as dangerous in the same circumstances, unless an
animal trainer or handler qualified by training and experience is present.
11. No child shall be required to perform a stunt without prior
consultation with the child, the child's parent, legal custodian or
guardian and the employer. The prior written consent of the child's
parent, legal custodian or guardian shall be obtained for the performance
of any unusual physical, athletic or acrobatic activity, stunts, work
involving special effects or other potentially hazardous activity. When
any unusual physical, athletic or acrobatic activity, stunts, special
effects or other potentially hazardous activity involving a child is to
be done, the employer shall have available a person qualified to
administer medical assistance on an emergency basis and transportation to
the nearest medical facility providing emergency services. First-aid kits
shall always be available at a child's place of employment.
12. No child shall work in close proximity to explosives or the
functioning parts of unguarded and dangerous moving equipment, aircraft
or vessels, or of functioning blades or propellers.
13. An entertainment work permit does not authorize a child to be absent
from school in violation of the requirements of state law or regulations
or polices of the state board of education, the Missouri department of
elementary and secondary education or the local school board. (L. 1995
H.B. 300 & 95 merged with H.B. 414)
A child may not be employed during the regular school term
unless the child has been issued a work certificate or a work permit
pursuant to the provisions of this chapter. (L. 1957 p. 525 § 3, A.L.
1989 H.B. 461, A.L. 1995 H.B. 300 & 95 merged with H.B. 414, A.L. 2002
S.B. 923, et al.)
Work certificates shall permit
(1) The employment of children between fourteen and sixteen years of age
during nonschool hours during the school term; or
(2) The employment of children between fourteen and sixteen years of age
who are excused from attendance at school by the provisions of chapter
167, RSMo. (L. 1957 p. 525 § 4, A.L. 1971 S.B. 171)
1. A child shall not be employed, permitted or suffered to work
at any gainful employment for more than three hours per day in any school
day, more than eight hours in any nonschool day, more than six days or
forty hours in any week. Normal work hours shall not begin before seven
o'clock in the morning nor extend to after 9:00 p.m., except as provided
in subsection 2 of this section. The provisions of this subsection may be
waived by the director, in full or in part, depending upon the nature of
the employment. Such waiver shall be provided in writing to the employer
by the director. The waiver shall only exempt employment described in
section 294.022.
2. On all evenings from Labor Day to June first, a child shall not be
employed, permitted or suffered to work at any gainful employment after
7:00 p.m. nor after 9:00 p.m. from June first to Labor Day; except that a
child who has passed his or her fourteenth birthday but is under sixteen
years of age may be employed at a regional fair from June first to Labor
Day, if such child does not work after 10:30 p.m., is supervised by an
adult, parental consent is given and the provisions of this subsection
are complied with. The regional fair exception shall not apply to those
entities covered by the Fair Labor Standards Act. The provisions of this
subsection do not apply to children who have been permanently excused
from school pursuant to the provisions of chapter 167, RSMo. The
provisions of this subsection may be waived by the director, in full or
in part, depending upon the nature of the employment. Such waiver shall
be provided in writing to the employer by the director. The waiver shall
only exempt employment described in section 294.022. (RSMo 1939 § 9621,
A.L. 1957 p. 525 § 5, A.L. 1971 S.B. 171, A.L. 1995 H.B. 300 & 95 merged
with H.B. 414, A.L. 1998 H.B. 1748, A.L. 1999 S.B. 234, A.L. 2002 S.B.
923, et al.)
Prior revisions: 1929 § 14086; 1919 § 1108; 1909 § 1716
CROSS REFERENCE:
Attendance at part-time school to be counted as part of time minor can be
employed, RSMo 178.330
A child under sixteen shall not be employed or permitted to work
by any person, firm, or corporation in connection with:
(1) Any power driven machinery, except lawn and garden machinery used in
domestic service at or around a private residence, provided that, there
shall be an agreement between an occupant of the private residence and
the child, and by no other person, firm or corporation, other than a
parent, legal custodian or guardian of the child, for the performance of
such work;
(2) The oiling, cleaning, maintenance, or washing of machinery;
(3) Any ladders, scaffolding, or their substitute;
(4) Any mine or quarry except in offices or at other nonhazardous
employment;
(5) Stone cutting or polishing except those found in jewelry type
business;
(6) Any plant manufacturing, processing, storing, or transporting Type A
and B explosives, ammunition, or like materials, or in an establishment
in which sales of Type A and B explosive materials make up fifty percent
or more of gross sales;
(7) The operation of any motor vehicle;
(8) Any blast furnace, rolling mill, foundry, forging shop, or in any
establishment where heating of metals is carried on or where cold
rolling, stamping, shearing, punching, of metal stock is carried on;
(9) Saw mills, cooperage stock mills, or where woodworking machinery is
used;
(10) The operation of freight elevators, hoisting machines or cranes, or
on or about any manlifts;
(11) Occupations involving exposure to ionizing or nonionizing radiation
or any radioactive substance;
(12) Any occupation involving exposure to any toxic or hazardous
chemicals;
(13) Any capacity in or about a motel, resort, hotel, where sleeping
accommodations are furnished except in offices or locations physically
separated from the sleeping accommodations;
(14) Any place or establishment in which intoxicating alcoholic liquors
or beverages are manufactured, bottled, stored, or sold for consumption
on or off the premises, except in establishments where at least fifty
percent of the gross sales consist of goods, merchandise, or commodities
other than alcoholic beverages;
(15) Any other occupation or place of employment dangerous to the life,
limb, health, or morals of children under the age of sixteen. (RSMo 1939
§ 9622, A.L. 1957 p. 525 § 6, A.L. 1989 H.B. 461, A.L. 1997 S.B. 220)
Prior revisions: 1929 § 14087; 1919 §§ 1122, 1123; 1909 § 1723
No child under sixteen years of age shall be employed or
permitted to work in any street occupation connected with peddling,
begging, door-to-door selling or any activity pursued on or about any
public street or public place. This prohibition does not apply to any
public school or church or charitable fund-raising activity, or
distribution of literature relating to a registered political candidate.
(L. 1989 H.B. 461, A.L. 2002 S.B. 923, et al.)
The work certificates shall be issued and signed by or under the
direction of the superintendent of public schools of the district in
which the child resides. (L. 1957 p. 525 § 7, A.L. 1986 H.B. 1554
Revision)
A work certificate may be issued after the issuing officer is
satisfied that the employment will serve the best interest of the child
and, in the first instance, only upon application in person of the child
with the written consent of his parent, legal custodian or guardian or,
if deemed necessary by the issuing officer, the child shall be
accompanied by his parent, guardian or custodian. The certificate may be
renewed or another certificate issued on application of the child with
the written parental consent but in no case shall a certificate be issued
until the issuing officer has received and approved the following papers:
(1) A statement of intention to employ signed by the prospective employer
setting forth the specific nature of the occupation in which he intends
to employ the child and the exact hours of the day, the number of hours
per day and the days per week during which the child is to be employed;
(2) Proof of the age of the child by a birth certificate or other
documentary evidence of such character in such form as is prescribed by
the issuing officer;
(3) A certificate of the physician of the public schools of the district
in which the child resides or other licensed physician, if required by
the issuing officer, showing that he has personally examined the child
and has found the child in good mental and physical health and is capable
of performing labor without injury to his health and mental development;
(4) A certificate of the principal of the school which the child attends
or has attended giving the grades of school work completed by the child,
except that for children permanently excused from attendance at school
under the provisions of chapter 167, RSMo, this requirement may be
waived. (L. 1957 p. 525 § 9, A.L. 1989 H.B. 461)
CROSS REFERENCES: Part-time school attendance, RSMo 167.051 School
attendance officer may investigate claims of exemption from school
attendance law, RSMo 67.071 School officers authorized to administer
oaths as to ages of children, RSMo 167.101
1. The work certificate shall show
(1) The age, sex, place and date of birth and place of residence of the
child;
(2) The name and place of residence of the child's parent, guardian or
custodian;
(3) The name and address of the employer; and
(4) The nature of the employment for which the work certificate is issued.
2. Work certificates authorizing the employment of a child during
nonschool hours shall be of a form and color distinct from those
authorizing full time employment. (L. 1957 p. 525 § 8)
1. Whenever a child is granted a work certificate or work
permit, the certificate or work permit shall be transmitted by the
issuing officer to the employer of the child and a copy shall be
transmitted to the division. The employer shall keep the work certificate
or work permit on file and shall post in a conspicuous place in the
employer's place of business a list of all children who are employed and
under the age of sixteen.
2. On termination of the employment of the child, the child's work
certificate or work permit shall be sent immediately by the employer to
the officer who issued it.
3. A new certificate or work permit may be issued for a child whose
certificate or work permit has been returned by the employer to the
issuing officer.
4. A copy of each work certificate or work permit issued and notice of
its cancellation shall be retained by the issuing officer and a copy
shall be transmitted by the issuing officer to the division. (RSMo 1939 §
9624, A.L. 1957 p. 525 § 10, A.L. 1989 H.B. 461, A.L. 1995 H.B. 300 & 95
merged with H.B. 414, A.L. 2002 S.B. 923, et al.)
Prior revisions: 1929 § 14089; 1919 § 1110; 1909 § 1718
No fee shall be charged for a work certificate or work permit
issued under the provisions of this chapter. The form of the work
certificate shall be prepared by the state commissioner of education.
Blank work certificates shall be furnished to the superintendent of each
school district by the state commissioner of education. (RSMo 1939 §
9625, A.L. 1957 p. 525 § 11, A.L. 1986 H.B. 1554 Revision, A.L. 1995 H.B.
300 & 95 merged with H.B. 414)
Prior revision: 1929 § 14090
Upon the request of a child or of an employer who wishes to
employ a child who represents his or her age to be sixteen years or more,
the issuing officer upon the presentation of evidence of age, as provided
in section 294.051 for children under sixteen years of age, shall issue a
certificate showing the age of the child and this certificate shall be
accepted as conclusive evidence of the age of the child. (RSMo 1939 §
9627, A.L. 1957 p. 525 § 12, A.L. 1989 H.B. 461)
Prior revision: 1929 § 14092
1. The director is charged with the enforcement of the
provisions of this chapter and all other laws regulating the employment
of children. The director is vested with the power and jurisdiction to
exercise such supervision over every employment as may be necessary to
adequately enforce and administer the provisions of this chapter,
including the right to enter any place where children are employed and to
inspect the premises and to require the production of work certificates
or work permits and any other necessary documents specifically requested
that involve the employment of children.
2. Every employer subject to any provision of sections 294.005 to 294.150
or any regulation issued pursuant to sections 294.005 to 294.150 shall
make and keep for a period of not less than two years, on the premises
where any child is employed, the work certificate, a record of the name,
address, and age of the child, and times and hours worked by the child
each day.
3. All records and information obtained by the division pertaining to
minors are confidential and personal identifying information shall be
disclosed only by order of a court of competent jurisdiction.
4. If it appears that a work certificate or work permit has been
improperly granted or illegally used, or the child is being injured, or
is likely to be injured by the employment, this fact shall be reported to
the issuing officer who shall cancel the work certificate or work permit.
Notice in writing of the cancellation, with reasons therefor, shall be
transmitted immediately to the child and to the person employing the
child, and thereafter it shall be unlawful for any such person to
continue to employ the child. (RSMo 1939 § 9626, A.L. 1957 p. 525 § 13,
A.L. 1989 H.B. 461, A.L. 1995 H.B. 300 & 95 merged with H.B. 414, A.L.
2002 S.B. 923, et al.)
Prior revision: 1929 § 14091
Every person, firm or corporation employing minors shall comply
with all provisions of section 213.055, RSMo. (L. 1989 H.B. 461)
The presence of any child under sixteen years of age in any
place where labor is employed shall be presumptive evidence that said
child is employed therein. (RSMo 1939 § 9628, A.L. 1957 p. 525 § 14)
Prior revisions: 1929 § 14093; 1919 § 1120; 1909 § 1724
Any person, firm or corporation violating the provisions of this
chapter is guilty of a class C misdemeanor. (RSMo 1939 § 9629, A.L. 1957
p. 525 § 15, A.L. 1989 H.B. 461, A.L. 1995 H.B. 300 & 95 merged with H.B.
414)
Prior revision: 1929 § 14094
1. Any person, firm or corporation who violates any provision of
this chapter shall in addition to the criminal violation in section
294.110 be civilly liable for damages of not less than fifty dollars but
not more than one thousand dollars for each violation. Each day a
violation continues shall constitute a separate violation. Each child
employed or permitted to work in violation of this chapter shall
constitute a separate violation. The director may bring the civil action
to enforce the provisions of this chapter. The attorney general may, on
behalf of the director, bring suit pursuant to this section.
2. The director shall determine the amount of civil damages to request in
the suit based on the nature and gravity of the violation. The director
shall also consider the size of the business when determining the
appropriate civil damages. The size of the business shall be determined
by the number of people employed by that business. A request for the
maximum civil damages shall be justified by the following, to be
considered individually or in combination:
(1) The likelihood of injury and the seriousness of the potential
injuries to which the child has been exposed;
(2) The business or employer has had multiple violations;
(3) The business or employer has had recurring violations;
(4) Employment of any child in a hazardous or detrimental occupation;
(5) Violations involving children under fourteen years of age;
(6) A substantial number of hours worked in excess of the statutory limit;
(7) Falsification or concealment of information regarding the employment
of children;
(8) Failure to assure future compliance with the provisions of this
chapter.
3. If the director decides to seek civil damages as provided by this
section, the director shall notify, by certified mail, the person, firm
or corporation charged with the violation. The notice of violation shall
include the following:
(1) The nature of the violation;
(2) The date of the violation;
(3) The name of the child or children involved in the violation;
(4) The amount of civil damages the director is requesting;
(5) The terms and conditions for any settlement agreement; and
(6) The right to contest the director's decision to seek civil damages.
4. The initial violation determination from the division shall be final,
unless within twenty calendar days after the division mails the violation
determination or notification, the person, firm or corporation charged
with the violation notifies the director in writing that the violation
determination is being contested.
5. The parties named in the violation determination may contest the
violation determination if a written notice appealing the violation
determination is received by the director within twenty calendar days
after the division mailed the violation determination. The director shall
set a meeting with the parties contesting the findings in order to review
the findings of the division. After review of the findings, the director
may hold that the findings support the violation determination or the
director may issue a revised violation determination.
6. If the parties cited in the subsequent violation determination
disagree with the violation determination of the director, then the
parties cited in the subsequent violation determination may contest the
subsequent determination by filing a written appeal with the department
director. The appeal contesting the subsequent determination shall be
sent to the department director in time to be received within twenty
calendar days after the division mailed the subsequent violation
determination from the director. If the director does not receive the
written appeal within twenty calendar days after the division mailed the
subsequent violation determination then the determination of the director
shall be final. If the subsequent written appeal is received within the
twenty-calendar-day period, then the department director, or the
department director's designee, shall set a meeting with the parties
contesting the findings in order to review the findings of the division
and the director. After review of the findings, the department director,
or the department director's designee, may hold that the findings of the
division and the director to support the violation determination or the
department director, or the department director's designee, may issue a
revised violation determination.
7. The determination of the department director or the department
director's designee shall be the final determination pertaining to the
violation determinations, unless judicial review is sought under chapter
536, RSMo. (L. 1995 H.B. 300 & 95 § 294.120 merged with H.B. 414 §
294.120, A.L. 2002 S.B. 923, et al.)
1. There is hereby created in the state treasury a fund to be
known as the "Child Labor Enforcement Fund". All moneys awarded by any
court for civil damages for violations of this chapter and all moneys
collected in settlements from persons who violate the provisions of this
chapter shall be transmitted to the department of revenue for deposit in
the child labor enforcement fund. Subject to appropriations, the money in
this fund shall be used by the division of labor standards for
investigations and enforcement of the provisions of this chapter.
2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in this fund shall not be transferred and placed to the
credit of general revenue until the amount in the fund at the end of the
biennium exceeds two times the amount of the appropriations from the fund
for the preceding fiscal year. The amount, if any, in the fund which
shall lapse is that amount in the fund which exceeds the appropriate
multiple of the appropriations from the fund for the preceding fiscal
years. (L. 1995 H.B. 300 & 95 § 294.130 merged with H.B. 414 § 294.130)
The records of the division shall constitute prima facie
evidence of the date of transmission of any notice, determination or
other paper transmission pursuant to the provisions of this chapter. (L.
1995 H.B. 300 & 95 § 294.140 merged with H.B. 414 § 294.140, A.L. 2002
S.B. 923, et al.)
1. Subject to the approval of the department director and the
commission, the director shall have the power to adopt, amend or rescind
any rules or regulations as are necessary to administer the provisions of
this chapter.
2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective until it has been approved by the joint
committee on administrative rules in accordance with the procedures
provided in this section, and the delegation of the legislative authority
to enact law by the adoption of such rules is dependent upon the power of
the joint committee on administrative rules to review and suspend rules
pending ratification by the senate and the house of representatives as
provided in this section.
3. Upon filing any proposed rule with the secretary of state, the
director shall concurrently submit such proposed rule to the committee,
which may hold hearings upon any proposed rule or portion thereof at any
time.
4. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee may hold one or more hearings
upon such final order of rulemaking during the thirty-day period. If the
committee does not disapprove such order of rulemaking within the thirty-
day period, the director may file such order of rulemaking with the
secretary of state and the order of rulemaking shall be deemed approved.
5. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.
6. If the committee disapproves any rule or portion thereof, the director
shall not file such disapproved portion of any rule with the secretary of
state and the secretary of state shall not publish in the Missouri
Register any final order of rulemaking containing the disapproved portion.
7. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.
8. Upon adoption of a rule as provided in this section, any such rule or
portion thereof may be suspended or revoked by the general assembly
either by bill or, pursuant to section 8, article IV of the Constitution
of Missouri, by concurrent resolution upon recommendation of the joint
committee on administrative rules. The committee shall be authorized to
hold hearings and make recommendations pursuant to the provisions of
section 536.037, RSMo. The secretary of state shall publish in the
Missouri Register, as soon as practicable, notice of the suspension or
revocation. (L. 1995 H.B. 300 & 95 merged with H.B. 414)
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