LD 1398
pg. 3
Page 2 of 3 An Act To Align Federal and State Child Labor Laws LD 1398 Title Page
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LR 1251
Item 1

 
2. Illegally employed minors. A minor is not deemed to have
waived the minor's right of action at common law and under
section 104 if the minor's employer was in violation of Title 26,
section 771, 772 or 773 772-A at the time of the minor's injury.

 
A. The minor employee, the minor's parent or guardian or
any other person, as permitted by common law or statute, may
file a civil action permitted under this subsection.

 
B. The minor employee is entitled to compensation under
this Act in addition to any right of action permitted under
this subsection.

 
C. If the employer is self-insured for liability under this
Act, any award received by the minor in an action permitted
under this subsection must be reduced by the amount of
compensation received under this Act.

 
D. If the employer is insured for liability under this Act,
the employer is considered a 3rd party under section 107,
and the employer's insurer is entitled to all rights of
subrogation, contribution or other rights granted to an
employer under section 107.

 
SUMMARY

 
This bill directs the Department of Labor, Bureau of Labor
Standards to adopt rules that conform to the federal Fair Labor
Standards Act of 1938 and accompanying regulations that govern
employment of minors under 18 years of age, and prohibits
employment of minors except in accordance with these rules. The
bill also directs the bureau to readopt the rule prohibiting
minors from being employed in a place that has nude
entertainment. The bill specifies that these rules are routine
technical rules.


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