Online Resource Center for Ohio RTO Dealers
 
Ohio
Exceptions to Coverage
§ 4109.06 Exceptions to Coverage
Text of Statute
(A) This chapter does not apply to:
 
(1) Minors who are students working on any properly guarded machines in the manual training department of any school when the work is performed under the personal supervision of an instructor;
 
(2) Students participating in a vocational program approved by the Ohio department of education;
 
(3) A minor participating in a play, pageant, or concert produced by an outdoor historical drama corporation, a professional traveling theatrical production, a professional concert tour, or a personal appearance tour as a professional motion picture star, or as an actor or performer in motion pictures or in radio or television productions in accordance with the rules adopted pursuant to division (A) of section 4109.05 of the Revised Code;
 
(4) The participation without remuneration of a minor with the consent of a parent or guardian, in a performance given by a church, school, or academy, or at a concert or entertainment given solely for charitable purposes, or by a charitable or religious institution;
 
(5) To minors who are employed by their parents in occupations other than occupations prohibited by rule adopted under this chapter;
 
(6) Minors engaged in the delivery of newspapers to the consumer;
 
(7) Minors who have received a high school diploma or a certificate of attendance from an accredited secondary school or a certificate of high school equivalence;
 
(8) Minors who are currently heads of households or are parents contributing to the support of their children;
 
(9) Minors engaged in lawn mowing, snow shoveling, and other related employment;
 
(10) Minors employed in agricultural employment in connection with farms operated by their parents, grandparents, or guardians where they are members of the guardians' household. Minors are not exempt from this chapter if they reside in agricultural labor camps as defined in section 3733.41 of the Revised Code.
 
(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the Revised Code do not apply to:
 
(1) Minors who work in a sheltered workshop operated by a county board of mental retardation;
 
(2) Minors performing services for a nonprofit organization where the minor receives no compensation, except for any expenses incurred by the minor or except for meals provided to the minor;
 
(3) Minors employed in agricultural employment and who do not reside in agricultural labor camps.
 
(C) Division (D) of section 4109.07 of the Revised Code does not apply to minors who have their employment hours established as follows:
 
(1) A minor adjudicated to be an unruly child or delinquent child who, as a result of the adjudication is placed on probation may either file a petition in the juvenile court in whose jurisdiction the minor resides or apply to the superintendent of the school district who issued the minor's age and schooling certificate alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests. Upon receipt of a petition or application, the court or the superintendent, as appropriate, shall consult with the person required to supervise the minor on probation. If after such consultation the court or the superintendent finds the minor has failed to show the restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court or the superintendent shall uphold the restrictions. If after such consultation the court or the superintendent finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court or the superintendent shall establish differing hours of employment for the minor and notify the minor and the minor's employer of such hours, which shall be binding in lieu of the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code.
 
(2) Any minor to whom division (C)(1) of this section does not apply may either file a petition in the juvenile court in whose jurisdiction the person resides or apply to the superintendent of the school district who issued the minor's age and schooling certificate alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests.
 
If, as a result of a petition or application, the court or the superintendent, as appropriate, finds the minor has failed to show such restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court or the superintendent shall uphold the restrictions. If the court or superintendent finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court or superintendent shall establish the hours of employment for the minor and shall notify the minor and the minor's employer of such hours.
 
(D) As used in this section, "certificate of high school equivalence" means a statement issued by the state board of education or an equivalent agency of another state that the holder thereof has achieved the equivalent of a high school education as measured by scores obtained on the tests of general educational development published by the American council on education.
 
HISTORY: 137 v H 883 (Eff 1-12-79); 138 v S 36 (Eff 1-18-80); 143 v S 40 (Eff 7-26-89); 143 v H 578 (Eff 4-10-91); 145 v H 107 (Eff 10-20-93); 146 v S 105. Eff 11-24-95.
 
Not analogous to former RC § 4109.06 (RS § 4022-11; 86 v 338; 87 v 145; 87 v 326; 90 v 290; 95 v 621; GC § 12982; 109 v 376; Bureau of Code Revision, 10-1-53; 136 v H 837), repealed 137 v H 883, § 2, eff 1-12-79.
 
The provisions of § 3 of SB 105 (146 v --) read as follows:
 
SECTION 3. The amendment by this act of section 4109.06 of the Revised Code strikes through and reenacts (with revised text) an amendment made to the section by Am. Sub. H.B. 107 of the 120th General Assembly, in order to restore the amendment to effectiveness as part of the law. The Supreme Court of Ohio, in State, ex rel. Ohio AFL-CIO, v. Voinovich (1994), 69 Ohio St.3d 225, 228-230, invalidated the amendment as contained in Am. Sub. H.B. 107 as being violative of the one-subject rule, Ohio Constitution, Article II, Section 15(D). The reenacted amendment is identical, except for noninclusion of a provision that made the amendment applicable for only two years, to the Am. Sub. H.B. 107 amendment, which is stricken through in this act.
 
 
 
Website Created By High Touch, Inc. Copyright© 2001