Message from Maine Department of Labor Regarding Enforcement of Child Labor Laws

The following is being shared on behalf of the Maine Department of Labor:

As many of you know, there have been recent reports and commentary about the Maine Department of Labor's (MDOL’s) enforcement of child labor laws in Maine’s lobster fleet. 

MDOL takes the safety of youth in the workplace seriously. We investigate every report of a potential youth labor violation through a standard process that applies to all employers, regardless of industry. As part of that process, all parties are entitled to a hearing before an independent hearing officer and may be represented by legal counsel. Following final agency action, parties have the right to appeal to Superior Court. More information, including decisions of final agency action, are available on MDOL’s website at https://www.maine.gov/labor/bls/whv/

MDOL strongly supports the inclusion of young people in Maine’s iconic lobster industry, which has a long history of providing opportunities to Maine youth. To support youth interested in lobstering, and those wishing to provide those opportunities, the Maine Department of Marine Resources provides well-established avenues for youth to gain hands-on experience in lobstering, which include the student license and apprenticeship programs. These structured, licensed, self-employment options allow young people to learn the trade, build skills, and carry forward this important heritage industry. These established programs exist to ensure youth have every opportunity to enter the lobster industry and carry on traditions that stretch back generations.  In addition, most people – including the youngest – working in the lobster industry are independent contractors, with their own licenses. This makes them different under the law than employees, which are covered by the Federal Labor Standards Act and other federal youth employment laws, which MDOL is required by law to enforce. For more information on what an independent contractor is versus an employee, visit https://www.maine.gov/labor/misclass/matrix/

MDOL is firmly committed to expanding opportunities for young people to enter the workforce – including Maine’s lobster industry. Our goal is to ensure opportunities for youth are handled safely and abide by the established pathways created under law, which exist to both protect young people and their employers.

For more information, contact bls.mdol@maine.gov.