05-071 C.M.R. ch. 232, 232 app B
Current through 2022-14, April 6, 2022
Various types of field placements are utilized in secondary vocational programming.
All activity in the workplace is governed by State and/or Federal Departments of Labor. A publication entitled Child Labor Law and School Work, Maine Department of Education, 1988, identifies key issues for compliance by schools and the workplace. This document should be reviewed before placing any student in a work situation.
Identified below are some of the field-based activities utilized in secondary vocational education.
A joint venture between schools and industry to assist students in pursuing career objectives in conjunction with their school studies. Students are placed in work settings during the school day in accordance with employer training plans and are paid applicable wage rates. Forms are provided to the schools by the Bureau of Adult and Secondary Vocational Education and are submitted to the Bureau of Labor Standards by the school for approval. There are limited provisions for variations from the normal Labor law restrictions. An employer-employee relationship exists. Jurisdiction rests with the labor departments.
An unpaid, short-term placement in which students observe incumbent workers at their workplace. No work is performed by the student. Time involved is usually no more than ten hours and in no case may be for more than forty hours. No employer - employee relationship exists; jurisdiction rests with the school.
Students participate in Learning activities away from the normal school setting. Academic, as well as hands-on, training may take place. Students are accompanied by an instructor at all times. Learning is the primary objective, not productivity. No employer-employee relationship exists and the program operates under the jurisdiction of the school.
Examples are the building construction students who build a structure on a site away from the school under the direction of the program instructor, or the health occupations program that conducts the clinical experience in a health care facility under the direct supervision of the licensed instructor.
A student is placed into a training site under the supervision of an employer of that training site.
There are six points which must be met for this to be acceptable to the labor bureaus. There is also a maximum 40 hour limit on this activity.
Note that state and federal agencies do not address this in the same manner. Refer to the Department of Labor publication referenced on the previous page for detailed information on this topic.
Jurisdiction rests with the labor departments) because the training activity may result in employment and/or production activity and because it is in effect a variation of the labor law.
Commissioner's Informational Letter #36. April 1985.
This letter requires that all school/work programs be registered with the Maine State Bureau of Labor Standards. This requirement applies whether the student is being paid or not. Additional information may be obtained by contacting the Bureau of Labor Standards, State House Station #45, Augusta, Me 04333, Attention: Supervisor of Employment Standards.
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.