390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section. In no event, however, shall the minor be permitted to be employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation prohibited by law or which has been declared by rule of the director to be hazardous for the minor.

(b) A minor who has attained the age of sixteen years but not eighteen years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; provided that the employer of the minor records and keeps on file the number of a valid certificate of age issued to the minor by the department.

(c) A minor who has attained the age of fourteen years but not sixteen years may be employed or permitted to work:

(1) During periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(2) If the employer of the minor procures and keeps on file a valid certificate of employment;

(3) No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period;

(4) Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the minor may be employed between 6:00 a.m. and 9:00 p.m.;

(5) No more than six consecutive days;

(6) No more than eighteen hours in a calendar week during which the minor is legally required to attend school, and no more than forty hours in a calendar week during which the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(7) No more than three hours on any school day; and

(8) No more than eight hours on any nonschool day.

(d) A minor under fourteen years of age may be employed or permitted to work in theatrical employment or in harvesting of coffee under circumstances and conditions prescribed by the director by rule; provided that:

(1) 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;

(2) With respect to employment in harvesting of coffee, the director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and

(3) The employer of the minor procures and keeps on file a valid certificate of employment. [L 1969, c 162, pt of 2; am L 1977, c 86, 1; gen ch 1985; am L 2003, c 61, 3]

 

Case Notes

 

Inasmuch as the protections of the infancy doctrine have been incorporated into the statutory scheme of Hawaii's child labor law, the general rule that contracts entered into by minors are voidable is not applicable in the employment context; thus, trial court properly rejected plaintiff's argument that plaintiff was entitled to disaffirm plaintiff's employment contract, including the arbitration provision, by reason of plaintiff's minority status. 110 H. 520, 135 P.3d 129 (2006).

 

 

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