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May 31, 2001

Michigan promotes safe working rules for teens

Source: The Detroit News
Many students like Alyssa Miner, 17, at the Oakland Schools training center in Clarkston, will be finding jobs this summer. Most of these young workers will work in food service jobs, followed by retail jobs.

FARMINGTON - To minimize on-the-job dangers, state investigators next week will begin educating Michigan employers about the need for legal and safe conditions for teen-age workers.

   About 390,000 Michigan teen-agers ages 16-19, are expected to join the ranks of the employed this June, which Gov. John Engler has declared Youth Employment Month. The majority of young workers will earn a check in food service jobs, followed by retail jobs.

   For some, it will be their first job. In hopes of making it a safe experience, state investigators will visit employers to pass out fliers and discuss legal aspects of employing minors.

"We hope to avoid situations like two recent incidents," said Kathleen M. Wilbur, director of the state's Consumer and Industry Services department, referring to holdups of Metro Detroit restaurant workers, one of whom was killed on the job.

"Employers want to know the laws and want to comply with them. We feel it's important to get the word out to them, to the teen-agers and to their parents."

The emphasis comes on the heels of two well-publicized cases involving young Metro Detroit workers. On May 6, a 16-year-old female employee of a Farmington Hills Hungry Howie's Pizzeria was robbed at gunpoint when she was working alone. On Oct. 21, 16-year-old Justin Mello also was alone when killed inside a Mancino's Pizza and Grinder Shop after another worker was lured out on a bogus delivery.

It is illegal for Michigan employers to allow anyone under 18 to work alone after sunset or 8 p.m., where cash is handled. A supervisor, at least 18 years old, must be present.

The Hungry Howie's incident is being reviewed by the Oakland County Prosecutor's Officer for possible criminal charges because the teen-ager was working alone at night.

Mancino's owner Kenneth Lynn Cook Jr. goes to trial June 4 in Macomb County on four violations of the state Youth Employment Act.

A violation of the law is a misdemeanor punishable by a $500 fine, one year in jail or both, with violations of the "sunset provision" punishable by up to $5,000 and jail for a second offense. A third offense is a felony punishable by up to $10,000 in fines and 10 years in prison.

Wilbur and others huddled in a youth employment round table Wednesday, to discuss ways of raising awareness about special concerns about teen workers. They pointed out how well-meaning employers often are unaware that those aged 14 and 15 cannot legally operate lawn mowers, or work in confined spaces such as freezers or coolers.

Kalmin Smith, a deputy director at Consumer and Industry Services, who oversees the bureau of safety and regulation, said getting employers to comply with the law can be accomplished by other methods.

"Parents are key and schools issue permits and maybe ask questions about what students are doing on the job," said Smith, noting the 48-hour school/work limit is to ensure students are not too tired to attend their classes.

Parents are encouraged to talk with their children about their jobs, changes in duties and supervision. Officials suggest parents visit their children's workplace to see how it is maintained, how workers are treated and what kind of adult supervision is provided.

Wilbur said about 1,000 complaints a year are received by her office. The majority result with businesses being made aware of violations and complying with the law. About eight violations annually lead to criminal investigations she said.

"We investigate hazardous complaints within 24 hours and others as soon as possible," said Bill Strong, director of the wage and hour division, which enforces the youth employment standards act in Michigan.

"We follow up with routine visits to check up and to monitor permits," he said.

The majority of complaints concern underage workers left unsupervised.

Mike Ziolkowski, who operates Family Buggy restaurants in Farmington Hills, Livonia, and Rochester, believes existing state youth labor laws, while good, could be tightened further.

"I can put a poster (about the laws) up on a wall but that doesn't guarantee anything -- how many kids will actually read it?" said Ziolkowski.

"Both my sons work for me and I never had to sign their work permits. I think parents should be required to sign them."

Working rules The state Youth Employment Standards Act covers workers under 18, including volunteers and performing artists. It does not include emancipated minors, high school graduates under age 18 or 17-year-olds who passed the GED test. Among aspects of the law:    * Teens must be at least 14 for most jobs.    * Work permits must be obtained from the school the minor attends.    * Businesses serving alcohol can hire teens if food or other goods are at least 50 percent of sales.    * Minors may not be employed unless the employer or an employee above age 18 provides supervision.     Employment rights    These are among teen workers' rights in Michigan:    * Workers 16 and over (14 and over if covered by federal law) must receive at least $5.15 an hour and time and a half for working more than 40 hours in a week.    * 14- and 15-years-olds can't work before 7 a.m. or after 9 p.m.    * 16- and 17-year-olds are not to work before 6 a.m. or after 10:30 p.m. (11:30 p.m. on weekends or when not regularly attending school)    Questions can be directed to the Michigan Department of Consumer & Industry Services Bureau of Safety and Regulation (517) 322-1825 or visit the Web site at www.cis.state.mi.us/bsr/divisions/wh.
Source: The Detroit News

   

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