Washington Administrative Code

Minor work permit endorsements may include restrictions, consistent with this chapter, on minors' working conditions.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0220, filed 12/31/98, effective 1/31/99.]

Your minor work permit endorsements will expire one year from the date of issue.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0221, filed 12/31/98, effective 1/31/99.]

You may renew your minor work permit endorsements. However, filing an application for renewal does not automatically result in an extension of your endorsement. The department may refuse to renew your endorsement if you have:(1) Failed to satisfy a condition related to the initia…

Unless revoked, suspended or modified by the department, your minor work permit endorsements must remain in full force and effect as long as:(1) You employ minors; or(2) Have minors working at your workplace; or(3) Have minors working under work conditions controlled by you.[Stat…

At least one copy of your minor work permit endorsements and a current copy of the poster required by WAC 296-126-080 must be posted in plain view of all employees at each workplace specified in each endorsement.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0224, …

The department may refuse to issue or renew, revoke, suspend, or modify your minor work permit endorsements if it finds:(1) A condition related to their issuance has not been satisfied; or(2) You have violated any requirements of this chapter; or(3) An existing condition that is …

You have the right to appeal such actions by the department. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Your appeal will not set aside an o…

(1) Minimum age. No minor under the age of sixteen years may be employed in house-to-house sales, unless the department grants a variance to an employer for that specific purpose. A variance must be obtained prior to an employer's employment of any minor under the age of sixteen.…

Before allowing a minor to begin work, you must obtain and keep on file, at the minor's workplace, a fully completed parent/school authorization form. As the employer, it is your responsibility to ensure that the parent/school authorization form is complete.[Statutory Authority: …

Parent/school authorization forms are issued only to employers with a valid minor work permit endorsement and can be obtained by contacting the local labor and industries office or:Department of Labor and IndustriesEmployment Standards SectionP.O. Box 44510Olympia WA 98504-4510[S…

All parent/school authorization forms expire each year on the thirtieth day of September. Therefore, each year, prior to September 30, you must:(1) Obtain a new form for each of your minors; and(2) Make sure it is properly completed; and(3) File it where the minor works.[Statutor…

A minor must provide the following personal information:(1) Name.(2) Address.(3) Date of birth*.(4) Whether he or she is employed at any other job(s) and the total number of hours worked at that job(s).(5) His or her signature.*Note:The date of birth must be supported by proof. A…

As the employer, you must provide the following information:(1) The location of the minor's workplace(s).(2) A description of the minor's duties.(3) The earliest and latest hours the minor would be working.(4) The total number of hours the minor would work per week.(5) Your minor…

A parent or legal guardian of a minor must:(1) Indicate that he or she authorizes (or does not authorize) the minor to work according to the terms listed by the employer.(2) Sign the form.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0265, filed 12/31/98, effectiv…

(1) If a minor will be working during the school year, an authorized school official from the minor's school must:(a) Indicate that the school authorizes (or does not authorize) the minor working according to the terms listed by the employer; and(b) Sign the form as the school's …

(1) A parent or guardian must certify a minor's nonenrolled status if the minor is:(a) Unmarried and living with a parent or legal guardian; and(b) No longer enrolled in school; and(c) Has not obtained a certificate of educational competence according to RCW 28A.305.190 or is not…

A parent, legal guardian, or school may revoke authorization at any time by simply notifying the department and the other parties to the authorization.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0268, filed 12/31/98, effective 1/31/99.]

Employers shall restrict the hours of minors' employment as follows:(1) During the school year:(a) Minors may work the following total of hours:(i) Minors under the age of sixteen:(A) Maximum of three hours per day on any school day preceding another school day or otherwise a max…

(1) You must create and maintain a file for each minor.(2) The file must be maintained for three years from the last date of the minor's employment.(3) The file must contain the following:(a) A copy of the completed parent/school authorization form with any attachments; and(b) Co…

To enforce the requirements of this chapter, the director or the director's authorized representatives can, without delay:(1) Enter any workplace where work is or has been performed by a minor, or where employment records are, or are required to be maintained; and(2) Inspect, tra…

(1) Since the purpose of meal periods and rest breaks is to provide rest from work, they must not be scheduled near the beginning of the work shift.(2) The following specific regulations apply to your minors who are fourteen-years-old and fifteen-years-old:(a) They must not work …

(1) The following regulations apply to meal periods for your minors who are sixteen-years-old and seventeen-years-old:(a) They must be allowed meal periods of at least thirty minutes in length.(b) Their meal periods must start no less than two hours but no more than five hours fr…

The following employments and occupations as outlined in subsections (1) through (30) of this section, are prohibited for all minors, provided that exemption will be allowed from subsections (5), (8), (9), (11), (13), (15), (16), and (23) of this section when the minor is partici…

Employment of minors under age 16 is subject to the following additional restrictions. They are prohibited from working:(1) In any manufacturing operations.(2) In any processing operations (including but not limited to filleting of fish, dressing poultry, cracking nuts, commercia…

Except where a higher minimum wage is required by Washington state or federal law:(1) Every employer shall pay to each of his or her employees who have reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.4…

A variance is an exception to the rules of this chapter granted for good cause by the director of labor and industries or the director's designee.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0600, filed 12/31/98, effective 1/31/99.]

You must submit a written application to the director requesting the variance(s). In your application you must specify the reasons why your request should be granted. If necessary, the director may request or receive additional information from you or other interested parties.[St…

At a minimum, "good cause" refers to those situations and circumstances that support your request for a variance. You must be able to demonstrate that the variance will not be harmful to the health, safety, and welfare (including school attendance and performance) of the minor(s)…

If you are requesting a variance to employ minors under the age of sixteen in house-to-house sales, you must demonstrate good cause for the variance and file a signed sworn statement ensuring that the following minimum requirements will be in force at all times:(1) All house-to-h…

(1) The director or the director's designee may grant your variance request if you:(a) Possess a valid minor work permit endorsement; and(b) Demonstrate good cause.(2) Variances will be granted, as applicable, based on good cause shown, for residential schools, apprenticeship pro…

Each of your variances will expire upon the expiration of the minor work permit endorsement that was in effect at the time the variance was issued unless the variance was issued with an earlier expiration date.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0650, fi…

When you renew your minor work permit endorsements, you must also apply for new variances that are related to those endorsements.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0651, filed 12/31/98, effective 1/31/99.]

The department may revoke, suspend, or modify your variances if it finds:(1) A condition related to its issuance has not been satisfied; or(2) You have violated any requirement of this chapter; or(3) An existing condition that is or could be detrimental to the health, safety, or …

You have the right to appeal a department action to revoke, suspend or modify your variances. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Yo…

(1) A special variance is an exception to specific rules of this chapter. Special variances are granted by a designated school official of a school district or individual private school which has department approval to participate in the special variance process described in WAC …

The designated school official may grant your special variance request if you:(1) Possess a valid minor work permit endorsement; and(2) Demonstrate good cause; and(3) Request the variance for a minor whose school district or individual private school has department approval to pa…

Each school district or individual private school seeking to participate in the special variance process must:(1) Complete an enrollment form provided by the department; and(2) Be approved by the department; and(3) Agree to maintain a mandatory recordkeeping system specified by t…

The form can be obtained from:Department of Labor and IndustriesEmployment Standards SectionP.O. Box 44510Olympia WA 98504-4510[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0721, filed 12/31/98, effective 1/31/99.]

At a minimum, a school district or private school must agree to all of the following:(1) Maintain the recordkeeping system required by the department.(2) Designate a school official at each school who is authorized to evaluate and approve/disapprove variance requests.(3) Use the …

(1) The employer must obtain a special variance form from the participating school and provide the following information:(a) The minor's work-related duties; (b) The maximum hours to be worked each week;(c) The length of the minor's work shifts;(d) The latest afternoon or evening…

(1) To be valid, a special variance request form must be completed and signed by the employer, the minor, the minor's authorized school official and the minor's parent or legal guardian.(2) The special variance, unless revoked, suspended or modified, shall remain in force for the…

(1) An incomplete special variance request form submitted to the department is:(a) Invalid; and(b) A violation of this chapter; and(c) Cause for a school district, an individual private school or an employer to be dropped from the special variance program.(2) When the department …

A school district or private school may appeal a notice of revocation; however, the appeal must be filed with the department in writing within thirty days of its receipt. The written appeal must be sent to the department according to the procedures established by RCW 49.12.161 an…

In evaluating requests for special variances, a school must consider at least the following factors:(1) Does the employer hold a current valid minor work permit endorsement?(2) What is the student's attendance pattern?(3) Is the student making satisfactory academic progress?(4) W…

(1) Since special variances will be issued only to employers holding valid minor work permit endorsements, each special variance expires on the expiration date of the endorsement that was in effect at the time the special variance was issued.(2) Upon the renewal of a minor work p…

(1) The department may revoke, suspend, or modify a special variance if it finds:(a) A condition related to its issuance has not been satisfied; or(b) A violation of any requirement of this chapter; or(c) An existing condition that is or could be detrimental to the health, safety…

A parent, legal guardian, or school may revoke a special variance at any time by simply giving written notification to the department and the other parties to the variance.[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0771, filed 12/31/98, effective 1/31/99.]

The department's refusal to issue or renew participation in the special variance process can be appealed, as well as, its decision to revoke or suspend participation. However, the appeal must be filed with the department in writing within thirty days of the department's action ac…

(1) These rules apply to employers and employees in the state as defined in RCW 49.12.005 (3) and (4).(2) These rules do not apply to:(a) Newspaper vendors or carriers;(b) Domestic or casual labor in or about private residences; or(c) Agricultural labor as defined in RCW 50.04.15…

(1) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, unless exempted by chapter 49.12 RCW o…