§ 95-25.5. Youth employment.
§ 95‑25.5. Youthemployment.
(a) No youth under 18years of age shall be employed by any employer in any occupation without ayouth employment certificate unless specifically exempted. The Commissioner ofLabor shall prescribe regulations for youths and employers concerning theissuance, maintenance and revocation of certificates. Certificates will beissued, subject to review by the Department of Labor, by county directors ofsocial services and such of their designees as are approved by the Commissioner;provided, the Commissioner may also issue certificates, both directly andelectronically.
(a1) During the regularschool term, no youth under 18 years of age who is enrolled in school in grade12 or lower may be employed between 11 P.M. and 5 A.M. when there is school forthe youth the next day. This restriction does not apply to youths 16 and 17years of age if the employer receives written approval for the youth to workbeyond the stated hours from the youth's parent or guardian and from theyouth's principal or the principal's designee.
(b) No youth under 18years of age may be employed by an employer in any occupation which the UnitedStates Department of Labor shall find and by order declare to be hazardous andwithout exemption under the Fair Labor Standards Act, or in any occupationwhich the Commissioner of Labor after public hearing shall find and declare tobe detrimental to the health and well‑being of youths.
(c) No youth 14 or 15years of age may be employed by an employer in any occupation except thosedetermined by the United States Department of Labor to be permitted occupationsunder the Fair Labor Standards Act; provided, such youths may be employed byemployers:
(1) No more than threehours on a day when school is in session for the youth;
(2) No more than eighthours on a day when school is not in session for the youth;
(3) Only between 7 A.M.and 7 P.M., except to 9 P.M. during the summer (when school is not in session);
(4) No more than 40hours in any one week when school is not in session for the youth;
(5) No more than 18hours in any one week when school is in session for the youth; and
(6) Only outside schoolhours.
Notwithstanding the above,enrollees in high school apprenticeships or in work experience and careerexploration programs as defined under the Fair Labor Standards Act may work upto 23 hours in any one week when school is in session, any portion of which maybe during school hours.
(d) No youth 13 yearsof age or less may be employed by an employer, except youths 12 and 13 years ofage may be employed outside school hours in the distribution of newspapers tothe consumer but not more than three hours per day. An employment certificateshall not be required for any youth under 18 years of age engaged in thedistribution of newspapers to the consumer outside of school hours.
(e) No youth under 16years of age shall be employed for more than five consecutive hours without aninterval of at least 30 minutes for rest. No period of less than 30 minutesshall be deemed to interrupt a continuous period of work.
(f) For any youth 13years of age or older, the Commissioner may waive any provision of this sectionand authorize the issuance of an employment certificate when:
(1) He receives a letterfrom a social worker, court, probation officer, county department of socialservices, a letter from the North Carolina Alcohol Beverage Control Commissionor school official stating those factors which create a hardship situation andhow the best interest of the youth is served by allowing a waiver; and
(2) He determines thatthe health or safety of the youth would not be adversely affected; and
(3) The parent,guardian, or other person standing in loco parentis consents in writing to theproposed employment.
(g) Youths employed asmodels, or as actors or performers in motion pictures or theatricalproductions, or in radio or television productions are exempt from allprovisions of this section except the certificate requirements of subsection(a).
(h) Youths employed byan outdoor drama directly in production‑related positions such asstagehands, lighting, costumes, properties and special effects are exempt fromall provisions of this section except the certificate requirements ofsubsection (a). Positions such as office workers, ticket takers, ushers andparking lot attendants have no exemption and are subject to all provisions ofthis section.
(i) Youth under 18years of age employed by their parent, guardian, or other person standing inloco parentis are exempt from all provisions of this section, except for all ofthe following:
(1) The certificaterequirements of subsection (a) of this section.
(2) The prohibition fromhazardous or detrimental occupations of subsection (b) of this section.
(3) The prohibitions ofsubsection (j)(2) of this section if the youths only work at the establishmentwhen another employee at least 21 years of age is in charge of and present atthe licensed premises.
(j) No person whoholds any ABC permit issued pursuant to the provisions of Chapter 18B of theGeneral Statutes for the on‑premises sale or consumption of alcoholicbeverages, including any mixed beverages, shall employ a youth:
(1) Under 16 years ofage on the premises for any purpose, unless the youth is at least 14 years ofage and each of the following conditions is met:
a. The person obtainsthe written consent of a parent or guardian of the youth.
b. The youth isemployed to work on the outside grounds of the premises for a purpose that doesnot involve the preparation, serving, dispensing, or sale of alcoholicbeverages.
(2) Under 18 years ofage to prepare, serve, dispense or sell any alcoholic beverages, includingmixed beverages.
(k) Persons andestablishments required to comply with or subject to regulation of child laborunder the Fair Labor Standards Act are exempt from all provisions of thissection, except the certificate requirements of subsection (a), the provisionsof subsection (a1), the prohibition from occupations found and declared to bedetrimental by the Commissioner of Labor pursuant to subsection (b), and theprohibitions of subsection (j). In addition, employment certificates will notbe issued if such person's employment will be in violation of the applicablechild labor provisions of the Fair Labor Standards Act. Such employers may alsobe assessed civil penalties pursuant to G.S. 95‑25.23 for each violationof the provisions of this section or any regulation issued hereunder from whichthere is no exemption.
(l) Notwithstandingany other provision of this section, any youth who holds a North Carolinadriver's license valid for the type of driving involved may be assigned as partof his employment to drive an automobile or truck not exceeding 6,000 poundsgross vehicle weight within a 25‑mile radius of the principal place ofemployment, provided that the youth has completed a State‑approved driver‑educationcourse, and provided that the assignment does not involve the towing ofvehicles. "Gross vehicle weight" includes the truck chassis withlubricants, water and full tank or tanks of fuel, plus the weight of the cab ordriver's compartment, body and special chassis and body equipment, and payload.
(m) Notwithstanding anyother provision of this section, youths who are enrolled at an institution ofhigher education may be employed by the institution provided the employment isnot hazardous. As used in this subsection, "institution of highereducation" means any constituent institution of The University of NorthCarolina, any North Carolina community college, or any college or university thatawards postsecondary degrees.
(n) Nothing in thissection prohibits qualified youths under 18 years of age from participating intraining through their fire department, the Office of State Fire Marshal, orthe North Carolina Community College System. As used in this subsection, theterm "qualified youth under 18 years of age" means an uncompensatedfire department or rescue squad member who is over the age of 15 and under theage of 18 and who is a member of a bona fide fire department, as that term is definedin G.S. 58‑86‑25, or of a rescue squad described in G.S. 58‑86‑30. (1937, c. 317,ss. 1‑3, 6, 9, 18; 1943, c. 670; 1951, c. 1187, s. 1; 1967, cc. 173, 764;1969, c. 962; 1973, c. 649, s. 1; c. 758, s. 1; 1977, c. 551, ss. 1‑4;1979, c. 839, s. 1; 1981, c. 412, ss. 3, 4; c. 489, ss. 1‑7; c. 747, s.66; 1985, c. 97, s. 1; 1987, c. 154; 1991, c. 492, s. 2; 1991 (Reg. Sess.,1992), c. 991, s. 1; 1993, c. 239, s. 1; 1995, c. 214, s. 1; 1999‑237, s.14.1; 2001‑312, s. 3; 2001‑515, s. 5; 2005‑453, s. 15; 2009‑21,s. 2.)