8 AAC 05.045. Work permits

(a) Except as provided in AS 23.10.332 (c), and in (b) and (c) of this section, a minor under 17 years of age may not be employed until a work permit has been issued to the minor by the commissioner under this section. An applicant for a work permit under this subsection must submit

(1) a completed application on a form provided by the department;

(2) proof of age as described in 8 AAC 05.280; and

(3) proof of legal guardianship if the form is signed by a person other than the minor's parent.

(b) Under AS 23.10.332 (c), instead of complying with (a) of this section an employer may submit a request, on a form provided by the department, to the commissioner for a written authorization of the commissioner for specific job duties to be performed by a minor who is at least 14 years of age, but under 17 years of age. The request must include

(1) a description of the job, including tools, equipment, or machinery to be used by the minor;

(2) a list of specific duties to be performed by the minor;

(3) a declaration of the age groups to be employed by the employer;

(4) a description of the hours during which a minor may be employed by the employer; and

(5) any other applicable information required by the commissioner to determine that the proposed job duties are permitted.

(c) If specific job duties are authorized by the commissioner under (b) of this section, the employer may hire a minor in the age group for which the duties have been authorized without the minor obtaining a work permit under (a) of this section if

(1) before the minor begins work, the employer obtains a written consent from the minor's parent or guardian on a form provided by the department; the written consent must include proof of legal guardianship if it is signed by a person other than the minor's parent;

(2) within seven calendar days after hiring the minor, the employer submits to the department a copy of the written consent of the parent or guardian; the employer must maintain a copy of the written consent at the physical location where the minor is employed; and

(3) the duties are not changed unless prior written authorization has been obtained from the commissioner.

(d) Under this section, proof of legal guardianship includes a

(1) general power of attorney appointing guardianship of the minor to an individual;

(2) power of attorney to an individual that specifically includes authorization regarding employment of the minor;

(3) marriage license and proof that the spouse of the minor is at least 18 years of age;

(4) state court award of guardianship of the minor to an individual;

(5) court order making the minor a ward of the state.

History: Eff. 11/23/2003, Register 168

Authority: AS 23.10.332

AS 23.10.350

AS 23.10.360

Editor's note: The forms referred to in 8 AAC 05.045 may be obtained by writing the Department of Labor and Workforce Development, Division of Labor Standards and Safety, Wage and Hour Section, P.O. Box 107021, Anchorage, Alaska 99510-7021. The forms are also available at the Juneau and Fairbanks regional wage and hour offices of the department and the department's web site at http://labor.state.ak.us/lss/lssforms.htm.

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