Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The new policies which will be proposed in the rule will establish requirements that employers must satisfy to employ minors who are 14 and 15 years old and who have not obtained child labor permits due to permit offices being closed because of the public health emergency. The emergency rule will require an employer to have a signed written intent to hire, obtain specified information about minors who are hired, notify the Department about the minors, and, within 90 days of the termination of Executive Order #72, file permit applications and pay permit fees for minors who are hired under the exception.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
103.66 Powers and duties of the department relating to employment of minors.
(2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors under 16 years of age and may issue general or special orders fixing for those minors maximum hours of employment per day and per week, maximum days of employment per week, hours at which employment may begin and end, and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of those minors. For minors under 16 years of age, the department may not fix hours of employment that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). For minors 16 years of age or over, the department may fix the duration of lunch and other rest periods, but may not limit hours of employment or issue general or special orders fixing maximum hours of employment per day or per week, maximum days of employment per week, or hours at which employment may begin and end. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 20 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
The emergency rule will affect employers who seek to employ minors who are 14 and 15 years old during the public health emergency. The emergency rule will also affect minors who are employed under the rule, their families, and authorized labor permit offices.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None. Federal law does not require work permits or age certificates for minors to be employed.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The emergency rule is anticipated to have a positive effect on businesses, including small businesses, as it will allow employers to employ minors during the public health emergency and while permit offices are closed.
