KRS 339.335: Definitions for section -- Work program for minors twelve or thirteen

years old with nonprofit organization -- Requirements -- Approval process --

Administrative regulations.

(1) As used in this section:

(a) "Department" means the Department of Workplace Standards;

(b) "Nonprofit organization" means an organization that:

1. Is exempt from federal income taxation under Section 501(c)(3) of the

Internal Revenue Code; and

2. Is not an enterprise under the Fair Labor Standards Act of 1938, as

amended;

(c) "Student attendance day" has the same meaning as in KRS 158.070; and

(d) "Work week" means seven (7) consecutive twenty -four (24) hour periods, as

established by the employer.

(2) (a) A nonprofit organization may submit an application to the depar tment to

create a work program that allows a minor who is twelve (12) or thirteen (13)

years of age to work for the nonprofit organization under this section.

(b) Any work program established by a nonprofit organization under this section

shall exist to provide minors with life skills and employment skills, and the

primary benefit of the work performed shall be for the vocational and

educational value to the minors.

(c) Hourly wages paid to minors participating in a work program under this

section shall comply with the wage requirements of KRS 337.275.

(3) If approved by the department, participation in a work program established under

this section shall:

(a) Except as provided in subsection (5) of this section, not occur on a student

attendance day;

(b) Not exceed three (3) hours per day;

(c) Except as outlined in subsection (5) of this section, occur only between the

hours of 7 a.m. and 7 p.m.;

(d) Not exceed eighteen (18) hours per work week;

(e) Be subject to the lunch and rest period provisions of KRS 339.270 and the

recordkeeping requirements of KRS 339.400;

(f) Not involve activities that engage in interstate commerce or the production of

goods for interstate co mmerce, as defined in the Fair Labor Standards Act of

1938, as amended;

(g) Be limited to the nonhazardous occupations allowed for minors fourteen (14)

and fifteen (15) years of age as determined by the United States Secretary of

Labor under provisions of the Fair Labor Standards Act of 1938, as amended;

and

(h) Not occur in, about, or in connection with any establishment where alcoholic

beverages are distilled, rectified, compounded, brewed, manufactured, bottled,

sold for consumption, or dispensed.

(4) Prior to participating in a work program under this section, the parent or guardian of

a minor shall sign a form prescribed by the department giving permission for the

minor to participate in the program.

(5) A nonprofit organization that is currently operat ing or that has previously operated

a work program under this section may submit an application to the department,

along with any other documentation that the department may require, to allow a

minor to work under this section on student attendance days. W ork by a minor

under this subsection shall not occur during regular school hours. It shall be the

burden of the nonprofit organization to prove to the department the necessity,

benefit, and worthiness of operating a work program on student attendance days. A

minor shall not be allowed to work on a student attendance day if the nonprofit

organization is aware that the minor missed school that day.

(6) The department shall be the sole decision maker in the approval or denial of

applications for work programs under this section. The department shall evaluate

the work program of each applicant for compliance with subsection (2)(b) of this

section. A nonprofit organization that has been denied by the department shall have

the right to a hearing conducted in accor dance with KRS Chapter 13B, if a written

request for a hearing is made within ten (10) days after service of notice of the

denial.

(7) A nonprofit organization may allow a minor who has passed his or her fourteenth

birthday but is under eighteen (18) years of age to also participate in any work

program established under this section. Minors participating in a work program

under this subsection shall be subject to the gainful occupation standards

established in this chapter.

(8) The department shall promulga te administrative regulations in accordance with

KRS Chapter 13A to implement this section and to properly protect the life, health,

safety, and welfare of minors, including but not limited to establishing the criteria

for work program approval and documentation required by a nonprofit organization

for application. The department may consider sex, age, premises of employment,

substances to be worked with, machinery to be operated, nature of the employment,

and other pertinent factors. In promulgating admini strative regulations, the

department may mirror similar protections as outlined for minors fourteen (14)

years of age or older by the United States Secretary of Labor under the Fair Labor

Standards Act of 1938, as amended. For minors twelve (12) or thirteen (13) years of

age, the administrative regulations shall have no effect on the definition of "gainful

occupation" in KRS 339.210.