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