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Special Report

State of Hawaii Child Labor Law

   Under the Hawaii Child Labor Law, a child labor certificate or “work permit” is required for working minors until they reach 18 years of age. There is no charge for the certificate; a certificate is generally issued as long as: 1) the minor is not legally required to be in school, and 2) the minor’s employment is not hazardous.

   There are two types of certificates, depending upon the age of the minor.

Certificate of Employment (14 and 15 Year Old Minors)

   When a 14 or 15-year-old minor is hired, the employer is required to obtain a Certificate of Employment before the minor starts working. For the certificate to issued, either the employer, the minor, or other representative may assist in the following:

  1. Obtain an Application for the Minor’s certificate of Employment (Form CL-1) from the DLIR Child Labor Office, or the department’s website at http://www.hawaii.gov/labor/wsd/pdf/forms/3-6-07/wsd-CL-1.pdf
    1. This application must be completed and signed by the employer and the parent or guardian of the minor.
  2. Return the completed application, with an *acceptable proof of age documents, either in person or by mail.
    1. You may Fax the application, but, the original application must be returned to the nearest DLIR Child Labor Office for a certificate to be issued.
    2. If the hours of work are approved and the work is not hazardous or prohibited, a temporary authorization slip will be issued, and a Certificate of Employment will be mailed to the employer.
    3. The minor may start working upon receipt of either a temporary authorization slip or the Certificate of Employment.
  3. If the minor works for a new employer or in a new occupation, this same procedure must be followed again.

Minors 14 and 15 years of age may work:

  1. Not more than 3 hours per day on a school day, and 8 hours per day on a non-school day.
  2. During a school week, not more than 18 hours per week
  3. During a non-school week, not more than 40 hours per week
  4. On school days and the day before a school day: Between 7:00am and 7:00pm
  5. Not more than 6 consecutive days, and 5 consecutive hours without at least a 30 minute rest or meal period.

*Acceptable Proof of Age:

  • Birth Certificate
  • Court Record
  • Driver’s License
  • Bible Record
  • State of Hawaii ID
  • Military ID
  • School Record (Not School ID)
  • Baptismal Certificate
  • Hospital Record
  • Immigration Record (Alien Card, Passport, Visa)
  • NOTE: A Social Security Card in NOT an acceptable proof of age document.

Certificate of Age (16 and 17-year-old minors)

   The revised Certificate of Age (eCL-3) is valid only when accompanied by an approved proof of age document, which are both presented to the employer at the time of hire. no promise of a job is needed to obtain this certificate.

   The minor may apply online at http://hawaii.gov/labor/wsd/wsd/youth_attn.shtml

   If no access to the internet is available, the minor or a representative may apply either:

  1. In person,
  2. By mail, or
  3. By FAX. 
    1.  the minor or representative should submit the minor’s name, last four digits of the minor’s social security number, home address, and phone number to the nearest Child Labor Office.
    2. The minor will be issues a certificate of Age to use until age 18.

There are no restrictions on hours except when the minor is required to be in school.

When the minor is hired, the employer is required to:

  1. Verify the minor’s name and birthdate on the Certificate of Age with the proof of age document.
  2. Record the Certificate of Age Number and;
  3. Return the Certificate of Age and proof of age document to the minor.

Theatrical Employment under the Hawaii Child Labor Law, Chapter 390, HRS

    “Theatrical employment” means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio, or theatrical performer.

For theatrical employment of a minor under 16:

  1. A completed Form CL-1, Application for Minor’s Certificate of Employment, with written consent by parent or guardian, is submitted to DLIR for review
  2. The employment does not injuriously affect the health, safety, or well-being of the minor or contribute to the minor’s delinquency.
  3. Where liquor is sold for consumption on the premises, the licensee shall comply with the rules of the appropriate county liquor commission relating to employment of minors as entertainers.
  4. The work is performed during periods when the minor is not legally required to attend school, or when the minor is excused by school authorities from attending school.
  5. The employer procures from the DLIR and keeps on file a valid Certificate of Employment.

Additional conditions for a minor under 14:

  1. The employer submits to DLIR a statement signed by an authorized school official indicating that attendance at school and school work of the minor are satisfactory (whenever employment occurs during school year)
  2. The minor is accompanied by and is under the immediate and direct control of the parent or designated responsible adult.

Hours Allowed §12-25-23(a),Hawaii administrative Rules (HAR), restricts the times and number of hours minors under 16 are allowed to work in theatrical employment:

Age

Time Restrictions

§12-25-23(a)(1)&(2)

Work Hours Restrictions

§12-25-23(a)(5)

¹School

²Non-School

Under 6

Not Later Than

Not more than

2 hours per day

7:00pm

7:00pm

6-9

8:30pm

10:30pm

3 hours per day

10-13

4 hours per day

14-15

9:30pm

11:30pm

8 hours per day

Under 16

The combined hours of work and hours in school may not exceed 10 per day §12-25-23(a)(3)

Under 16

The employment may not exceed 4 nights in any calendar week. §12-25-23(a)(4)

¹School:  any night before a day when the minor is legally required to attend school.

²Non-School Night: Any night before a day when the minor is not legally required to attend school.

Variance §12-25-23(c)

  A variance is needed if the employer schedules work hours later than or in excess of the above. Theatrical employment hours include learning, practicing, or rehearsing, such as singing or dancing, if in connection with a public performance. Time spent waiting to appear in a performance must also be counted.

   To apply for a variance, the employer must submit a written request:

  1. Addressed to the Director of Labor, C/O the Wage Standards Division
  2. Show good cause
    1. such as undue hardship and practical difficulties, in complying with the time and work hour restrictions.

The Director of Labor may grant an extension of the time, hours, and/or days to be worked subject to prescribed terms and conditions.

Wage Standards Division of the Department of Labor and Industrial Relations (Child Labor Offices: )

Oahu: Keelikolani Building 830 Punchbowl Street, Room 340 Honolulu, HI 96813

Phone

Fax

586-8777 586-8766
Kauai: 3060 Eiwa Street, Room 2020, Lihue, Hawaii 96766 274-3351 274-3355
Maui: 2264 Aupuni Street, Wailuku, Hawaii 96793 243-5322 984-2071
Hilo: 75 Aupuni Street, Room 108 Hilo, Hawaii 96720 974-6464 974-6460
West Hawaii Post Office Building, Kealakekua, HI 96750 322-4808 322-4813
 For more information, please visit the State of Hawaii Wage Standards Division website at : http://hawaii.gov/labor/wsd or email : dlir.wages@hawaii.gov 
 
References:
State of Hawaii Department of Labor Wage Standards Division: http://hawaii.gov/labor
 New Employer Packet
 Procedures for Obtaining a Child Labor Certificate
Theatrical Employment under the Hawaii Child Labor Law
Hawaii Child Labor Law Chapter 390, HRS
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