OAR 839-021-0070
Hours of Employment for Minors Under 16 Years of Age


(1)

Except as otherwise provided in this rule, employment of minors under 16 years of age must be confined to the following periods:

(a)

Outside school hours;

(b)

Not more than 40 hours in any one week when school is not in session;

(c)

Not more than 18 hours in any one week when school is in session;

(d)

Not more than eight hours in any one day when school is not in session;

(e)

Not more than three hours in any one day when school is in session;

(f)

Between 7 a.m. and 7 p.m., except that during the summer (June 1 through Labor Day) the minor may work until 9:00 p.m.

(2)

In the case of enrollees in work training programs conducted under Part B of Title I of the Economic Opportunity Act of 1964, there is an exception to the requirement of subsection (1)(a) of this rule if the employer has on file with the records kept pursuant to OAR 839-021-0170 (General Recordkeeping Requirements) an unrevoked written statement of the Regional Manpower Administrator of the U.S. Department of Labor or representative setting out the periods which the minor will work and certifying that the minor’s employment confined to such periods will not interfere with the minor’s health and well-being, countersigned by the principal of the school which the minor is attending with the principal’s certificate that such employment will not interfere with the minor’s schooling.

(3)

In the case of students enrolled in a career exploration or other work experience program, there is an exception to subsection (1)(a) of this rule when:

(a)

The minor is employed as a student learner pursuant to ORS 653.070 (Student-learners special wage); or

(b)

The minor is enrolled in a school-supervised and school-administered work experience and career exploration program meeting the educational standards established and approved by the Oregon Department of Education.

(4)

This rule does not apply when Title 29, CFR, Part 570, Subpart C, Section 570.35a would otherwise apply.

(5)

Employment of minors enrolled in a program pursuant to sections (2), (3), and (4) of this rule must be confined to not more than 23 hours in any one week when school is in session and not more than three hours in any day when school is in session, any portion of which may be during school hours. Insofar as these provisions are inconsistent with the provisions of section (1) of this rule, this section will be controlling.

(6)

The employment of a minor enrolled in a program pursuant to sections (2), (3), and (4) of this rule must not have the effect of displacing a worker employed in the establishment of the employer.

(7)

The Bureau may waive the provisions of section (1)(f) of this rule and OAR 839-021-0246 (Employment Permits for Minors Under 14 Years of Age)(4)(d) and authorize minors under 16 years of age employed by their parent(s) or person(s) standing in the place of their parent(s) to work as late as 9:00 p.m. when the Bureau determines that such hours of work will not be detrimental to the health, safety or education of the children so employed and the minor is supervised by the minor’s parent(s) or person(s) standing in the place of their parent(s) during the extended hours employed. No minor may be employed to work in violation of the provisions of (1)(a), (b), (c), (d), and (e) of this rule or, in the case of minors under 14 years of age, in violation of 839-021-0246 (Employment Permits for Minors Under 14 Years of Age)(4)(a), (b), and (c).

(8)

Pursuant to section (7) of this rule, a parent/employer desiring to employ a minor under 16 years of age later than the times permitted in section (1)(f) of this rule or OAR 839-021-0246 (Employment Permits for Minors Under 14 Years of Age)(4)(d) may apply in writing to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180. The Bureau will investigate the employment and the facts and circumstances set out in the application. If the Bureau determines that the employment is suitable and will not adversely affect the well-being of the minor(s), the Bureau will issue a special permit to the parent/employer, setting out the terms and conditions of the permit.
[Publications: Publications referenced are available from the agency.]

Source: Rule 839-021-0070 — Hours of Employment for Minors Under 16 Years of Age, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-021-0070.

839‑021‑0006
Definitions for ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500
839‑021‑0067
Hours of Employment for Minors 16 and 17 Years of Age
839‑021‑0070
Hours of Employment for Minors Under 16 Years of Age
839‑021‑0072
Rest Periods and Meal Periods
839‑021‑0087
Working Conditions
839‑021‑0092
Weight Lifting
839‑021‑0097
Prohibited Employment for Minors under 16 Years of Age
839‑021‑0102
Occupations and Types of Work Declared Hazardous for Minors Under 16 Years of Age
839‑021‑0104
Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18
839‑021‑0106
Occupations Involving Use of Explosives
839‑021‑0170
General Recordkeeping Requirements
839‑021‑0175
Records Availability
839‑021‑0180
Posting Requirements
839‑021‑0185
Verification of Age Requirements
839‑021‑0220
Employment Certificates for the Employment of Minors 14 through 17 Years of Age
839‑021‑0221
Required Information for Employment Certificate Applications
839‑021‑0246
Employment Permits for Minors Under 14 Years of Age
839‑021‑0248
Reports from Employers Employing Minors
839‑021‑0255
Special Rules for Temporary Employment of Several Minors for a Short Duration
839‑021‑0265
Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House
839‑021‑0276
Employment Certificates for Minors Employed in Agriculture
839‑021‑0280
Operation or Assisting in the Operation of Power-Driven Farm Machinery by Minors
839‑021‑0282
Riding In or On Conveyances Connected to Power-Driven Farm Machinery by Minors
839‑021‑0285
Applicability of and Compliance with Other Rules to Minors Employed in Agriculture
839‑021‑0287
Employment of Minors in Agricultural Warehouses
839‑021‑0290
Permitted Hours of Work of Minors under 16 Years of Age in Agriculture
839‑021‑0292
Permitted Hours of Work of Minors 16 and 17 Years of Age in Agriculture
839‑021‑0293
Permitted Hours of Work When School Is in Session on a Year Around Basis of Minors Employed in Agriculture
839‑021‑0294
Vocational Education and Cooperative Education Programs
839‑021‑0297
Parental Exemption for Minors Employed in Agriculture
839‑021‑0300
Definitions for Rules Regulating the Employment of Minors in the Entertainment Industry
839‑021‑0305
Application of Rules to Minors Employed in the Entertainment Industry
839‑021‑0310
Employment Certificates for Minors Employed in the Entertainment Industry
839‑021‑0315
Special Hours Variances for Entertainment Industry Employers
839‑021‑0320
Registration of Employers of Minors in the Entertainment Industry
839‑021‑0325
School Releases, Instruction Requirements and Waivers for Minors Employed in the Entertainment Industry
839‑021‑0330
Supervision of Minors Employed in the Entertainment Industry
839‑021‑0335
Working Hours of Minors Employed in the Entertainment Industry
839‑021‑0340
Rest Periods for Minors Employed in the Entertainment Industry
839‑021‑0345
Meal Periods for Minors Employed in the Entertainment Industry
839‑021‑0350
Other Working Conditions for Minors Employed in the Entertainment Industry
839‑021‑0355
Prohibited Performances of Minors Employed in the Entertainment Industry
839‑021‑0360
Refusal of Special Permits, Hours Variances or Employment Certificates in the Entertainment Industry
839‑021‑0365
Records Required to Be Maintained by Employers of Minors in the Entertainment Industry
839‑021‑0370
Records Required to Be Made Available by Employers of Minors in the Entertainment Industry
839‑021‑0375
Posting Requirements for Employers of Minors in the Entertainment Industry
839‑021‑0490
Penalties That May Be Imposed for Violations of ORS 653.305 to 653.340 or OAR 839-021-0210 to 839-021-0248
839‑021‑0500
Exemptions
Last Updated

Jun. 8, 2021

Rule 839-021-0070’s source at or​.us