[Michlib-l] TAB Volunteers and YESA

[Membiela, Clare (MDE)]

Hello Jack:

I hope you are well!

You are essentially correct- Public libraries may not permit a minor under 14 to volunteer or work, period.
Teen Advisory boards would have to be reconfigured if they included minors aged 13 or under.

The 501(c)(3) exemption is correct, but the requirements are nuanced, so be wary of having say, your Friends' group "hire" or engage a minor for volunteer work so that minor can work in the library - this would likely be a problem UNLESS the volunteer was working solely for the Friends doing Friends activities and under the direction and supervision of a Friend.

Libraries are almost never going to meet any of the exceptions for volunteers under 14.

Minors aged 13 and under can participate in library programs that include activities that appear "volunteer" (ie.: putting together packages for unhoused patrons, etc.), but the library should not offer to certify "service hours" or "volunteer hours" for these patrons., as that would be essentially making that minor a "volunteer," and acknowledging that the library is violating the act.

The amended act can be found https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-90-of-1978

The work permit changed go into effect October 2, 2026. HOWEVER, the hours changes are already in effect as of April2, 2025.

The previous language of the act also made it a violation of the act to hire or engage minors under 14 (unless the organization met one of the exemptions).

If a library has a question, scenario, or policy they are uneasy about, it is best to consult the library's attorney.

I hope this is helpful!
Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

"the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge." Griswold v. Connecticut, 381 U.S. 479, 482 (1965).

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Jack Buck via Michlib-l
Sent: Wednesday, April 30, 2025 7:30 AM
To: michlib-l at mcls.org
Subject: [Michlib-l] TAB Volunteers and YESA

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Hello -


I'm looking for clarification on the recent changes to Michigan's Youth Employment Standards Act (YESA) and how they affect public library volunteer programs, particularly Teen Advisory Boards.


>From what I understand:

  *   Minors aged 14 to 17 are required to obtain a work permit, including unpaid volunteer roles, unless the organization is a 501(c)(3) nonprofit.
  *   Public libraries are considered government entities, not 501(c)(3) organizations, so the exemption does not apply to us.
  *   Minors under age 14 are generally not allowed to volunteer, unless they meet one of the limited exceptions defined in state law (such as youth sports or farm work).


If my interpretation is accurate, libraries will have to restructure TAB if they include 11-13 year olds.


I'd appreciate hearing how your library is handling this.


Thank you,

Jack Buck

Richland Community Library




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