[Michlib-l] TAB Volunteers and YESA

[James B Lenze]

Clare,
As a follow up question:
Do we need to restructure "Bring Your Child To Work Day" in light of these
changes?  If an employee brings a child under the age of 14, and we allow
the child to perform library tasks, is that a violation?
    James


James B Lenze (he, him, his)
Library Director
Garden City Public Library
31735 Maplewood St
Garden City, MI 48135


On Wed, Apr 30, 2025 at 9:01 AM Membiela, Clare (MDE) via Michlib-l <
michlib-l at mcls.org> wrote:

> 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
>
> 517-335-8132
>
>
>
> *The research and resources above are for informational purposes only and
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>
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>
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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
>
>
>
> *CAUTION: This is an External email. Please send suspicious emails to
> abuse at michigan.gov <abuse at michigan.gov>*
>
>
>
> 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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