The State Industrial Commission has adopted a rule governing the employment of minors involved in door-to-door sales. But the commissioners still have more work to do on a proposed rule covering breaks and lunch periods for employed minors.
After hearing from several people on the rule covering lunch periods and breaks, the three commissioners decided to rewrite some of the language and discuss it again during the November meeting.David W. Freed, vice president of Lagoon Corp., said the proposed rule needs more flexibility, explaining that his amusement park employs hundreds of minors every summer and their lunch hours and breaks need to be staggered to meet a person's needs and also provide trained people to operate the rides.
The commission is proposing that employers allow a meal period of not less than 30 minutes and not later than five hours from the beginning of an employee's workday. "If, during the meal period, the employee cannot be relieved of all duties and permitted to leave the premises, the meal period must be paid as time worked," the rule says.
It continues, "At least a 10-minute paid rest period, not later than 21/2 hours into each four-hour period, or fraction thereof, must be provided. No minor employees may be required to work more than 21/2 consecutive hours without said 10-minute rest period being made available."
Freed said some of his employees want longer breaks (some of which won't be paid for by the company) so he wants more flexibility in the rule.
The rule covering minors involved in door-to-door sales applies to those between 12 and 15 years old selling, cookies, candies, magazines, merchandise coupons of similar items in residential areas, shopping centers or malls.
It says an employer-employee relationship exists if minors are paid by time, piece, carton, quantity, task, bonus or other basis for calculation. The other requirements of the rule are:
- Minors cannot be transported more than 30 miles from where they reside.
- Minors so engaged must work in pairs, as a team, on the same or opposite sides of the street while selling in residential areas.
- For each group of 10 or fewer minors there must be one adult supervisor.
- Minors must be within sight or sound of the adult supervisor at least once every hour while selling in residential housing areas.
- They must be returned to their respective homes or place of rendezvous daily after each day's work - but no later than 9:30 p.m..
- Minors must be allowed to use restroom facilities at least once every three hours, and they must be allowed to have food and drink if they work more than three consecutive hours. The food and drink benefit cannot be used by the employers to coerce minors into making a certain number of sales.
- The driver of the vehicle transporting the minors to the selling area must have a valid driver's license.
- Businesses must be licensed in accordance with the respective city or county ordinances in which they are employed.
- Prior to conducting business in Utah, every employer who operates a door-to-door sales business must register the company name, address, telephone number, out-of-state affiliation and name of local contact person with the commission. Each business must register every Jan. 1.
The rule forces members of a school-sponsored group, Scout group or fund-raising organization selling for the benefit of the organization to have a numbered identification card, signed by an official of the organization with the telephone number for identification purposes.
Exempt from the rule are minors who sell or solicit subscriptions for newspapers or other regularly printed material and who deliver the newspaper, the commissioners said.