Montana Code 41-2-110. Exemptions from prohibited employment of minors who are 16 or 17 years of age
41-2-110. Exemptions from prohibited employment of minors who are 16 or 17 years of age. (1) The prohibitions in 41-2-107 do not apply to the employment of an apprentice, student-learner, or student-employee who is 16 or 17 years of age if the minor is employed under the following conditions:
Terms Used In Montana Code 41-2-110
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 41-2-103
- Employer: includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Montana Code 41-2-103
- employment: means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor. See Montana Code 41-2-103
- Minor: means an individual under 18 years of age, except for an individual who:
(a)has received a high school diploma or a high school equivalency diploma;
(b)is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or
(c)is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110. See Montana Code 41-2-103
- Occupation: means :
(a)an occupation, service, trade, business, or industry in which employees are employed;
(b)any branch or group of industries in which employees are employed; or
(c)any employment or class of employment in which employees are employed. See Montana Code 41-2-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)for an apprentice, if:
(i)the minor is employed in a craft recognized as an apprenticeable trade;
(ii)the work is incidental to the minor’s training;
(iii)the work is under the direct and close supervision of a journeyman as a necessary part of the apprentice training; and
(iv)the minor is registered by the bureau of apprenticeship and training of the United States department of labor as employed in accordance with the standards established by that bureau or is registered by the department as employed in accordance with the standards of the department;
(b)for a student-learner, if:
(i)the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school;
(ii)the student-learner is employed under a written agreement, providing that:
(A)the work of the student-learner is incidental to the student-learner’s training;
(B)the work is under the direct and close supervision of a qualified and experienced person;
(C)safety instruction is given by the school and correlated by the employer with on-the-job training; and
(D)a schedule of organized and progressive work processes to be performed on the job has been prepared;
(iii)the written agreement contains the name of the student-learner and is signed by the employer and the school coordinator or principal; and
(iv)copies of each agreement are kept on file both by the educational authority or school and by the employer;
(c)for a student-employee, if:
(i)the student-employee is under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed; and
(ii)safety instruction is given by the employer of the student-employee.
(2)A student-employee that qualifies under subsection (1)(c) may perform any work function as required by the occupation.
(3)This exemption for the employment of student-learners may be revoked by the department in any situation if the department finds that reasonable precautions have not been observed for the safety of minors employed under the exemption.
(4)A high school graduate who is 16 or 17 years of age may be employed in an occupation in which the graduate has completed training as a student-learner as provided in this section.