§390-2  Employment of minors under eighteenyears of age.  (a)  No minor under eighteen years of age shall be employedor permitted to work in, about, or in connection with any gainful occupation atany time except as otherwise provided in this section.  In no event, however,shall the minor be permitted to be employed or permitted to work in, about, orin connection with adult entertainment or any gainful occupation prohibited bylaw or which has been declared by rule of the director to be hazardous for theminor.

(b)  A minor who has attained the age ofsixteen years but not eighteen years may be employed during periods when theminor is not legally required to attend school or when the minor is excused byschool authorities from attending school; provided that the employer of theminor records and keeps on file the number of a valid certificate of age issuedto the minor by the department.

(c)  A minor who has attained the age offourteen years but not sixteen years may be employed or permitted to work:

(1)  During periods when the minor is not legallyrequired to attend school or when the minor is excused by school authoritiesfrom attending school;

(2)  If the employer of the minor procures and keepson file a valid certificate of employment;

(3)  No more than five hours continuously without aninterval of at least thirty consecutive minutes for a rest or lunch period;

(4)  Between 7:00 a.m. and 7:00 p.m. of any day;provided that during any authorized school break, the minor may be employedbetween 6:00 a.m. and 9:00 p.m.;

(5)  No more than six consecutive days;

(6)  No more than eighteen hours in a calendar weekduring which the minor is legally required to attend school, and no more thanforty hours in a calendar week during which the minor is not legally requiredto attend school or when the minor is excused by school authorities fromattending school;

(7)  No more than three hours on any school day; and

(8)  No more than eight hours on any nonschool day.

(d)  A minor under fourteen years of age may beemployed or permitted to work in theatrical employment or in harvesting ofcoffee under circumstances and conditions prescribed by the director by rule;provided that:

(1)  The work is performed during periods when theminor is not legally required to attend school or when the minor is excused byschool authorities from attending school;

(2)  With respect to employment in harvesting ofcoffee, the director has determined after a public hearing that sufficientadult labor to perform the work is unavailable; and

(3)  The employer of the minor procures and keeps onfile a valid certificate of employment. [L 1969, c 162, pt of §2; am L 1977, c86, §1; gen ch 1985; am L 2003, c 61, §3]

 

Case Notes

 

  Inasmuch as the protections of the infancy doctrine have beenincorporated into the statutory scheme of Hawaii's child labor law, the generalrule that contracts entered into by minors are voidable is not applicable inthe employment context; thus, trial court properly rejected plaintiff'sargument that plaintiff was entitled to disaffirm plaintiff's employmentcontract, including the arbitration provision, by reason of plaintiff'sminority status.  110 H. 520, 135 P.3d 129.