§ 409.104 — Employment of minor; copy of work permit or temporary permit required; issuance and filing of work permit; duration of temporary permit; oath; return of permit; exception to work permit requirement; exception in subsection (3) inapplicable to other provisions.

Michigan § 409.104

• Jurisdiction: Michigan
• Ch. 409: YOUTH EMPLOYMENT
• Act 90 of 1978: YOUTH EMPLOYMENT STANDARDS ACT (409.101-409.124)

Text

YOUTH EMPLOYMENT STANDARDS ACT (EXCERPT) Act 90 of 1978 409.104 Employment of minor; copy of work permit or temporary permit required; issuance and filing of work permit; duration of temporary permit; oath; return of permit; exception to work permit requirement; exception in subsection (3) inapplicable to other provisions. Sec. 4. (1) Except as provided in subsection (3), before the date that is 18 months after the effective date of the amendatory act that added section 4a, a minor must not be employed in an occupation regulated by this act until the person proposing to employ the minor procures from the minor and keeps on file at the place of employment a copy of the work permit or a temporary permit. Before the date that is 18 months after the effective date of the amendatory act that added section 4a, the work permit must be issued by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school at which the minor is enrolled, and a copy of the work permit must be placed in the minor's permanent school file for as long as the minor is employed. A temporary permit is valid for 10 days from the date of issue. A work permit may be issued by the school district in which the minor's place of employment is located, or by the public school academy or nonpublic school nearest that place of employment. An issuing officer or the director may administer oaths in relation to work permits. On or after the date that is 18 months after the effective date of the amendatory act that added section 4a, the work permit must be issued by the director. (2) Immediately after the termination of the minor's employment, the employer shall do 1 of the following, as applicable: (a) If the termination occurs before the date that is 18 months after the effective date of the amendatory act that added section 4a, return the permit to the issuing officer. (b) If the termination occurs on or after the date that is 18 months after the effective date of the amendatory act that added section 4a, notify the department. (3) The work permit requirement of subsection (1) and the requirements of section 4a do not apply to any of the following: (a) A minor 13 years of age or older who is employed in farming operations involving detasseling, roguing, hoeing, or any similar act involved in the production of seed. This exception applies only when a minor is employed during school vacation periods or when the minor is not regularly enrolled in school. An employer shall keep on file at the place of employment evidence of the age of any minor employed under this work permit exception. Evidence of the age of the minor must be established as provided in section 5(b). (b) A minor who is performing work as an unpaid volunteer for an organization that is recognized as tax-exempt under, or whose purposes, structure, or activities are exclusively those that are described in, section 501(c)(3) of the internal revenue code, 26 USC 501. (c) A minor who is performing work as an unpaid volunteer for a fair or exhibition operated and managed under 1929 PA 11, MCL 46.151 to 46.153, or held by an agricultural or horticultural society under 1855 PA 80, MCL 453.231 to 453.240. (4) An exception in subsection (3) does not provide an exemption from any other provision of this act.

Legislative History

1978, Act 90, Eff. June 1, 1978 ;-- Am. 1987, Act 71, Imd. Eff. June 29, 1987 ;-- Am. 1996, Act 438 , Imd. Eff. Dec. 18, 1996 ;-- Am. 2010, Act 221 , Imd. Eff. Dec. 9, 2010 ;-- Am. 2011, Act 80 , Imd. Eff. July 12, 2011 ;-- Am. 2024, Act 196 , Eff. Apr. 2, 2025 Compiler's Notes: For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.