{"data":{"id":"us-ky/krs-339.335","jurisdiction":"us-ky","citation":"KRS 339.335","heading":"Definitions for section -- Work program for minors twelve or thirteen","body":"years old with nonprofit organization -- Requirements -- Approval process --\nAdministrative regulations.\n(1) As used in this section:\n(a) \"Department\" means the Department of Workplace Standards;\n(b) \"Nonprofit organization\" means an organization that:\n1. Is exempt from federal income taxation under Section 501(c)(3) of the\nInternal Revenue Code; and\n2. Is not an enterprise under the Fair Labor Standards Act of 1938, as\namended;\n(c) \"Student attendance day\" has the same meaning as in KRS 158.070; and\n(d) \"Work week\" means seven (7) consecutive twenty -four (24) hour periods, as\nestablished by the employer.\n(2) (a) A nonprofit organization may submit an application to the depar tment to\ncreate a work program that allows a minor who is twelve (12) or thirteen (13)\nyears of age to work for the nonprofit organization under this section.\n(b) Any work program established by a nonprofit organization under this section\nshall exist to provide minors with life skills and employment skills, and the\nprimary benefit of the work performed shall be for the vocational and\neducational value to the minors.\n(c) Hourly wages paid to minors participating in a work program under this\nsection shall comply with the wage requirements of KRS 337.275.\n(3) If approved by the department, participation in a work program established under\nthis section shall:\n(a) Except as provided in subsection (5) of this section, not occur on a student\nattendance day;\n(b) Not exceed three (3) hours per day;\n(c) Except as outlined in subsection (5) of this section, occur only between the\nhours of 7 a.m. and 7 p.m.;\n(d) Not exceed eighteen (18) hours per work week;\n(e) Be subject to the lunch and rest period provisions of KRS 339.270 and the\nrecordkeeping requirements of KRS 339.400;\n(f) Not involve activities that engage in interstate commerce or the production of\ngoods for interstate co mmerce, as defined in the Fair Labor Standards Act of\n1938, as amended;\n(g) Be limited to the nonhazardous occupations allowed for minors fourteen (14)\nand fifteen (15) years of age as determined by the United States Secretary of\nLabor under provisions of the Fair Labor Standards Act of 1938, as amended;\nand\n(h) Not occur in, about, or in connection with any establishment where alcoholic\nbeverages are distilled, rectified, compounded, brewed, manufactured, bottled,\nsold for consumption, or dispensed.\n(4) Prior to participating in a work program under this section, the parent or guardian of\na minor shall sign a form prescribed by the department giving permission for the\nminor to participate in the program.\n(5) A nonprofit organization that is currently operat ing or that has previously operated\na work program under this section may submit an application to the department,\nalong with any other documentation that the department may require, to allow a\nminor to work under this section on student attendance days. W ork by a minor\nunder this subsection shall not occur during regular school hours. It shall be the\nburden of the nonprofit organization to prove to the department the necessity,\nbenefit, and worthiness of operating a work program on student attendance days.  A\nminor shall not be allowed to work on a student attendance day if the nonprofit\norganization is aware that the minor missed school that day.\n(6) The department shall be the sole decision maker in the approval or denial of\napplications for work programs under this section. The department shall evaluate\nthe work program of each applicant for compliance with subsection (2)(b) of this\nsection. A nonprofit organization that has been denied by the department shall have\nthe right to a hearing conducted in accor dance with KRS Chapter 13B, if a written\nrequest for a hearing is made within ten (10) days after service of notice of the\ndenial.\n(7) A nonprofit organization may allow a minor who has passed his or her fourteenth\nbirthday but is under eighteen (18) years  of age to also participate in any work\nprogram established under this section. Minors participating in a work program\nunder this subsection shall be subject to the gainful occupation standards\nestablished in this chapter.\n(8) The department shall promulga te administrative regulations in accordance with\nKRS Chapter 13A to implement this section and to properly protect the life, health,\nsafety, and welfare of minors, including but not limited to establishing the criteria\nfor work program approval and documentation required by a nonprofit organization\nfor application. The department may consider sex, age, premises of employment,\nsubstances to be worked with, machinery to be operated, nature of the employment,\nand other pertinent factors. In promulgating admini strative regulations, the\ndepartment may mirror similar protections as outlined for minors fourteen (14)\nyears of age or older by the United States Secretary of Labor under the Fair Labor\nStandards Act of 1938, as amended. For minors twelve (12) or thirteen (13) years of\nage, the administrative regulations shall have no effect on the definition of \"gainful\noccupation\" in KRS 339.210.","path":["KRS Chapter 339"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55022","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:28Z","sha256":"460cdc8ab87b0d0d9f69aa264642fa4e0f9fc421e572e07b05c579a259d3b997","source_id":"us-ky","stale":false,"prev":"us-ky/krs-339.330","next":"us-ky/krs-339.340"},"notice":"GroundRules: Original legal text. Not legal advice."}