posted on June 16, 2016 07:23
NH Camps received notification from the Inspection Division of the NH Department of Labor on June 9 about the upcoming change to the law for 16/17 year-old employed youths. The law and the amendment (in bold and italic) are listed below:
HB 1105 exempts 16/17 year olds working in summer camps for minors from the restrictions in hours under RSA 276-A:4 VII.
- 276-A:4 Prohibitions.
VII. No youth 16 or 17 years of age who is duly enrolled in school shall work for more than 6 consecutive days or 48 hours in any one week during school vacations, including summer vacation. For purposes of this paragraph, "summer vacation'' means June 1 through Labor Day. This prohibition shall not apply to youths 16 or 17 years of age who reside and work at a summer camp for minors.
This exemption became law on June 9th and NH Camps was notified immediately of the beneficial change. The DOL informed us of this change to remind NH Camps members that based on the above, although the passage of HB 1105 automatically grants relief of the restrictions in the number of days and number of hours of work for such minors, the night work restrictions under 276-A:13 still require approval under 276-A:14, as follows:
- 276-A:13 Night Work.
No such youth shall be employed or permitted to work at night work more than 8 hours in any 24 hours nor more than 48 hours during the week. If any youth is employed or permitted to work more than 2 nights each week, for any time between the hours of 8 o'clock p.m. and 6 o'clock a.m. of the day following, such employment shall be considered night work.
- 276-A:14 Special Agreement.
By mutual agreement between employer and employees, the provisions of RSA 276-A: 13 relative to restrictions on night work for youths may be relaxed, if the agreement is approved by the Commissioner.
Please use this information to review your individual camp policies in regards to 16/17 year old work hours, and if needed please seek approval from the Commissioner of the DOL. To obtain approval from the Commissioner, any camp with youth workers who mutually agree to a schedule that includes night work may send a request in writing to the DOL and the approval will be given in writing. (There's a thread in this website's forum with an example of a request to DOL, which you are welcome to copy and use – http://nhcamps.org/for-directors/discussion-forum?aft=36)
If there are any questions about Night Work please feel free to contact the NH DOL at 603-271-0127.
As members of NH Camps, we hope that we can continue provide this helpful and valuable information to you in a timely manner. Thank you for your support in this association. Have a safe and fun summer!